TABLE OF CONTENTS PAGE
The British Caribbean Federation Act, 1956 . 3
The West Indies (Federation) Order in Council, 1957 9
The Royal Instructions Dated 20th August, 1957 68
The West Indies (Federation) (Commencement) Order in
Council, 197 71

SPrinted by the Trinidad Publishing Company Ltd.
By Authority

A Sr S- 7P 91
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The British Caribbean Federation Act, 1956, is published below
for general information.

British Caribbean Federation Act, 1956
4 & 5 Euz. 2 CH. 63

ARRANGEMENT OF SECTIONS

Section
1. Power

by Order in Council to establish federation, &c.

Power to confer on Federal Supreme Court jurisdiction to
hear and determine appeals from courts of colonies
outside federation and to dissolve West Indian Court of
Appeal.
Grants to the Federal Government.
Expenses.
Repeal of 44 & 45 Vict. c. 36.
Short title.

ScHEDUL--Colonies included in the federation.

2.

CHAPTER 63
An Act to provide for the federation of certain West Indian
colonies and for the transfer, to a court established for
the purposes of the federation, of the jurisdiction of the
Court of Appeal established by the West Indian Court
of Appeal Act, 1919, and the dissolution of that Court;
to provide for conferring on the first-mentioned court
jurisdiction to hear and determine appeals from the
courts of colonies which are not for the time being
included in the federation and to repeal the British
Honduras (Court of Appeal) Act, 1881; and for
purposes connected with the matters aforesaid.
[2nd August, 1956]
BE it enacted by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows:-
1.-(1) Her Majesty may, by an Order in Council,- Power by
Order in
(a) provide for the federation of the colonies specified -in Council to
the Schedule to this Act (with their respective depen- establish
dencies, if any) and, in that connection,- federation,
(i) provide for the establishment of a Federal
Government, a Federal Legislature, a Federal Supreme
Court and such other Federal authorities as may
appear to Her Majesty to be necessary or expedient;
(ii) confer, or provide for conferring, on the said
Government, Legislature, Court and authorities,
and on any other Governments, Legislatures, Courts
and authorities (whether within those colonies or
4

9 & 10 Geo. 5.
c. 36.

elsewhere) such powers and duties as may be specified
by or under the Order, including (in the case of
any Legislature) power to make laws having extra-
territorial operation;
(b) amend, in such manner as may appear to Her Majesty
to be necessary or expedient, having regard to the
federation, the enactments, Letters Patent, Orders in
Council or other instruments relating to the government
of those colonies respectively and their dependencies;
(c) make, or provide for the making of, such incidental,
consequential and transitional provisions as may appear
to Her Majesty to be necessary or expedient as aforesaid,
including, in particular, adaptations and modifications
of any enactments, Orders in Council, orders, regula-
tions or other instruments relating or referring to any
of those colonies or their dependencies.
(2) An Order in Council under the foregoing subsection
may-
(a) include provision for the accession to the federation
established by the Order of other colonies (with their
dependencies, if any) and with respect to the manner
in which dependencies of colonies for the time being
included in the said federation are to be treated for the
purposes thereof;
(b) authorise Her Majesty in Council by Order to make,
in connection with the accession of a colony to the
said federation, provision (whether or not involving
amendment or revocation of any provisions of the
first-mentioned Order) for anything for which, by
virtue of the foregoing subsection, She might make
provision if the occasion of the accession were that of
the establishment of the federation and the acceding
colony were included amongst the colonies specified in
the Schedule to this Act;
(c) authorise Her Majesty in Council by Order to make,
for such purposes as may be specified in the first-
mentioned Order, laws for the federation thereby
established (including laws having extra-territorial
operation);
(d) provide that jurisdiction conferred thereby or thereunder
on the Federal Supreme Court to hear and determine
appeals from the courts of such of the colonies specified
in the Schedule to this Act as are colonies to which
the West Indian Court of Appeal Act, 1919 (as amended
by subsequent enactments) applies shall be in substitution
for jurisdiction conferred by that Act on the Court
of Appeal established thereby to hear and determine
appeals from the courts of those colonies;

(e) authorise Her Majesty in Council by Order to amend or
revoke any of its' provisions or any provisions of an
Order in Council made in exercise of a power conferred
by virtue of this subsection;
(f) apply any of the provisions of the Statutory Instruments 9 & 10 Geo. 6.
Act, 1946, to an Order in Council made as aforesaid. c. 36.

(3) Save in so far as the amendment or revocation thereof may
be authorised by virtue of the last foregoing subsection, an
Order in Council under subsection (1) of this section shall not
be capable of being amended or revoked except by Act of
Parliament.
(4) No recommendation shall be made to Her Majesty in
Council to make an Order under subsection (1) of this section
unless a draft of the Order has been laid before Parliament and
approved by resolution of each House of Parliament.

2.-(1) Her Majesty may by Order in Council- Power to
confer on
(a) confer, or provide for conferring, on the Federal Supreme Federal
Court established by Order in Council under the fore- Supreme Court
Going section jurisdiction to hear and determine appeals jurisdiction to
from the courts of British Guiana and the Virgin Islands, hearnde
provide that any such jurisdiction shall be in substitution appeals from
for jurisdiction conferred by the West Indian Court of courts of
Appeal Act, 1919 (as amended by subsequent enactments) colonies
on the Court of Appeal established thereby to hear and outside
determine appeals from the courts of those colonies and and tidssolve
dissolve the said Court of Appeal; West Indian
Court of
(b) confer, or provide for conferring, on the Federal Supreme Appeal.
Court so established jurisdiction to hear and determine
appeals from the courts of other colonies which are
not for the time being included in the federation so
established.
(2) An Order in Council under this section may make provision
for any incidental, consequential or transitional matters for
which it appears to Her Majesty in Council necessary or expedient
to make provision for the purposes of the Order, including pro-
vision for conferring upon the legislature of a colony from whose
courts criminal appeals lie to the said Federal Supreme Court by
virtue of this section power to make, with extra-territorial
operation, laws providing for the conveyance of prisoners to
and from the place where that Court is sitting.
(3) An Order in Council under this section may be varied or
revoked by a subsequent Order of Her Majesty in Council.

Grants to the 3. The Secretary of State may make to the Government of
Federal the federation established by Order in Council under section
Government. one of this Act (in this section referred to as "the Federal
Government ")-
(a) grants, of amounts not exceeding in the aggregate one
million pounds, towards defraying the cost of establishing
the seat of the Federal Government;
(b) in respect of the period of twelve months beginning with
the first day of January next after the establishment of
the said federation and of each of the nine next succeed-
ing periods of twelve months beginning with the
anniversary of that day, a grant of such amount as he
may, with the approval of the Treasury, determine, for
the purpose of enabling the Federal Government to
make grants to the governments of colonies for the time
being included in the said federation whose resources
are, in the opinion of the Federal Government,
insufficient to enable them to defray their administrative
Expenses.
Expenses. 4. The expenses incurred by the Secretary of State under the
last foregoing section shall be defrayed out of moneys provided
by Parliament, and any increase attributable to an Order in
Council made under or by virtue of section one of this Act in
sums payable under any other enactment out of moneys so
provided or out of the Consolidated Fund of the United
Kingdom, shall be paid out of moneys so provided or out of
that Fund, as the case may be.
Repeal of 5. The British Honduras (Court of Appeal) Act, 1881, is
44 & 45 Vict. hereby repealed.
c. 36.
Short title. 6. This Act may be cited as the British Caribbean Federation
Act, 1956.

The West Indies (Federation) Order in Council, 1957, with the
Constitution of The West Indies annexed thereto is published
below for general information.

STATUTORY INSTRUMENT No. 1364 OF 1957

The West Indies (Federation) Order in Council, 1957

Made 31st July, 1957

ARRANGEMENT OF ORDER
ESTABLISHMENT OF THE FEDERATION
Section
1. Establishment of Federation.
2. Exercise by Governor-General of certain powers during initial
period.
GENERAL
3. Jurisdiction of Federal Supreme Court to be in substitution for
jurisdiction of West Indian Court of Appeal.
4. Adaptation of enactments, etc.
5. Power to make provision in connection with accession of
colonies to Federation.
6. Amendment of Territorial constitutions.
7. Power to amend or revoke provisions of Order.
8. Interpretation.
9. Citation.

CHAPTER II
THE FEDERAL LEGISLATURE
General
Article
7. Legislative power of Federation.
The Senate
8. Composition of Senate.
9. Qualifications for appointment as Senator.
10. Disqualifications for appointment as Senator.
11. Effect on Senator of membership of Legislature or Executive
Council of a Territory.
12. Tenure of office of Senators.
13. Inability of a Senator and appointment of member of Senate.
during such inability.
14. President and Vice-President of Senate.

The House of Representatives
15. Composition of House of Representatives.
16. Alternate member for Montserrat.
17. Qualifications and disqualifications for electors.
18. Laws as to elections.
19. Electoral areas.
20. Qualifications for election as member.
21. Disqualifications for.election as member.
22. Effect on member of membership of Legislature or Executive
Council of a Territory.
23. Tenure of office of members.
24. The Speaker and Deputy Speaker.

Procedure in Legislature
25. Oath of allegiance.
26. Standing Orders.
27. Language.
28. Presiding in the Senate and House of Representatives.
29. Voting.
30. Chambers may transact 'business notwithstanding vacancies, etc.
31. Quorum in each chamber.
32. Introduction of Bills, etc:
33. Restriction of the powers'of the Senate as to Money Bills.
34. Restriction of the powers of the Senate as to Bills other than
Money Bills.
35. Provisions relating to articles 32, 33 and 34.
36. Assent to Bills.
37. Words of enactment.
Miscellaneous
38. Prorogation and dissolution.
39. General elections.
40. Sessions of the Senate and House of Representatives.
41. Privileges, etc. of chambers.
42. Determination of questions as to membership.
10

CHAPTER III
LEGISLATIVE POWERS WITHIN THE FEDERATION
Powers of Legislatures of the Federation and the Territories
Article
43. General provisions regarding powers of Legislatures.
44. Power to make and revoke additions to Concurrent Legislative
List.
45. Effect of Federal and Territorial laws on one another.
46. Legislatures may appropriate public funds for any purpose.
47. Implementation of international obligations.
48. Power of Federal Legislature to make laws on territorial matters
and of a Territorial Legislature to make laws on federal
matters for emergencies.
Special provisions regarding Territorial laws that provide
for controlling the movement of persons
49. Interpretation and application of articles 50 and 51.
50. Laws enacted before end of first five years.
51. Laws enacted after first five years.
Powers of Her Majesty
52. Power of disallowance in respect of laws relating to Federal
Government stock.
53. Power of Her Majesty in Council to make laws.
Extra-territorial legislation
54. Powers to make laws regulating certain matters outside the
Federation.

CHAPTER IV
THE FEDERAL EXECUTIVE
Executive authority within the Federation
55. Exercise of executive authority of the Federation.
56. Extent of executive authority of the Federation.
57. Delegation of executive authority of Federation.
58. Delegation of executive authority of a Territory.
The Council of State
59. Establishment of Council of State.
60. Exercise of Governor-General's functions.
61. Allocation of portfolios.
62. Appointment of Prime Minister.
63. Appointment of other Ministers.
64. Tenure of office of Ministers.
65. Performance of functions of Prime Minister in certain events.
66. Temporary members of Council of State.
67. Official oath of members of Council.
68. Summoning of Council of State.
69. Certain officers may attend meetings of Council.
70. Proceedings in Council of State.
71. Advice of Council or Prime Minister not to be enquired into by
courts.

CHAPTER V

JUDICIAL POWERS
Jurisdiction in Federal matters
Article
72. Enforcement of Federal laws by courts of Territories.
The Federal Supreme Court
73. Establishment of Federal Supreme Court.
74. Appointment of judges.
75. Tenure of office of judges.
76. Acting Chief Justice.
77. Acting Federal Justice.
78. Oaths to be taken by judges.
79. Salaries of judges.
Jurisdiction of the Federal Supreme Court
80. Exclusive jurisdiction in certain matters.
81. Exclusive jurisdiction to decide questions as to interpretation of
Constitution referred to Court.
82. Power for Federation or Territory to confer additional original
jurisdiction.
83. Power for Federation to confer appellate jurisdiction.
84. Enforcement of orders of Federal Supreme Court.
85. Practice and procedure of Federal Supreme Court.
86. Federal Legislature may confer additional powers.
Appeals to Her Majesty in Council from the Federal
Supreme Court and superior courts of Territories
87. Appeals to Her Majesty in Council from Federal Supreme
Court.
88. Appeals to Her Majesty in Council from superior court of
Territory.
89. Appeals to Her Majesty in Council with special leave.
Federal courts other than the Federal Supreme Court
90. Power for Federation to establish courts other than the Federal
Supreme Court.

CHAPTER VI
FINANCE
91. Interpretation.
92. Authorisation of expenditure.
93. Payments by Territories to the Federation during first five
financial years.
94. Repayment by the Federation to Territories in certain events.
95. Payments by the Federation to Territories if certain duties are
levied by the Federation.
96. Payments to Territories in certain events from revenues raised
under a law made under article 53.
97. Postal revenues.
98. Payments relating to currency funds and accounts.
99. Sums charged on revenues.
100. Time for payment of certain sums by or to Federal
Government.
101. Regulations.

CHAPTER VII

THE FEDERAL PUBLIC SERVICE
Article
102. Public Service Commission.
103. Appointment, etc. of Federal public officers.
104. Regulations regarding Commission.
105. Interpretation.

CHAPTER VIII
TRANSITIONAL PROVISIONS
106. Provision regarding certain disqualifications for membership of
House of Representatives.
107. First elections to the House of Representatives.
108. First Standing Orders.
109. Payments by Territories to Federation during initial period.
110. Chief Justice alone may make rules of court.
111. Stamp to be used as public seal.

CHAPTER IX
MISCELLANEOUS
112. Governor-General's power of pardon, etc.
113. Penalty for sitting or voting in Legislature when unqualified.
114. Salary of Auditor-General.
115. Attorney-General and certain other officers to have right of
audience in courts.
116. Interpretation.
117. Amendment of Constitution.
118. Review of Constitution.

THE SCHEDULES

THE FIRST SCHEDULE--Forms of oaths and affirmations.

THE SECOND SCHEDULE .-Salary and allowance of the Governor-
General.
THE THIRD SCHEDULE--
Part I. The Exclusive Legislative List.
Part II. The Concurrent Legislative List.
THE FOURTH SCHEDULE-Scheduled commodities and rates of duty
for the purposes of Chapter VI.
THE FIFTH SCHEDULE-Proportion of amount demanded under article
93 to be paid by the Government of each Territory.

At the Court at Goodwood House, the 31st day of July, 1957

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, by virtue of the powers conferred upon Her by section 1
of the British Caribbean Federation Act, 1956(a), and of all other
powers enabling Her in that behalf, is pleased, by and with the advice
of Her Privy Council, to order, and it is hereby ordered, as follows:-

ESTABLISHMENT OF FEDERATION
Establish- 1.--(1) Subject to the provisions of this Order, there shall be estab-
nent of lished a Federation constituted in accordance with the provisions of
Federation. the Constitution set out in the Annex to this Order (in this Order
referred to as "the Constitution ").
(2) The following provisions of the Constitution, that is to say-
(a) Chapter I;
(b) article 45;
(c) articles 55, 56, 57 'and 58;
(d) Chapter V except article 88;
(e) articles 97, 98, 99 and'100;
(f) Chapters VII, VIII and IX,
shall come into force on such date as Her Majesty may by Order in
Council appoint:
Provided that at any time after the making of this Order-
(i) Her Majesty may appoint a person to be Governor-General of
the Federation;
(ii) the powers conferred on the Governor of a Territory by article
107 of the Constitution to make regulations may be exercised
by him in accordance vwith the provisions of that article; and
(iii) the registration of. electors for elections to the House of Repre-
sentatives may take place in any Territory in accordance with
the laws which, under article 107 of the Constitution, govern that
matter as respects that Territory and any regulations made under
that article by the Governor of that Territory.
(3) Subject to the next following section, the remaining provisions
of the Constitution shall not come into force until such date as the
Governor-General may by proclamation appoint, and for the purposes
of this subsection the Governor-General may appoint different dates
with respect to different provisions:
Provided that article 88 of the Constitution shall not come into
force in relation to any Territory until such date as the Governor-
General may appoint for that Territory, being a date not earlier than
the. commencement of a law made in pursuance of article 83 of the
Constitution and conferring jurisdiction on the Federal Supreme Court
to hear and determine appeals in civil matters from any superior court
of that Territory.
(a) 4 & 5 Eliz. 2. c. 63.
14

2.-(1) During the period commencing with the date appointed under Exercise by
subsection (2) of the last foregoing section and ending when the House Governor-
of Representatives first meets, the Governor-General may by regula- Geeral of
tions exercise any of the legislative powers conferred upon the Federal powers
Legislature by the Constitution (other than the powers conferred by during
subparagraph (c) of paragraph (1) of article 17, article 18 and para- initial period.
graph (h) of article 21 and the power to make laws with respect to
customs and excise duties) to such extent as he may consider necessary
or expedient.
(2) Any such regulations shall be published in the Gazette and shall
not come into force until they have been so published.
(3) Any regulations made under this section shall be deemed to be
laws enacted by the Federal Legislature and, if subsisting at the date
when the House of Representatives first meets, shall continue to have
effect thereafter as if so enacted except in so far as they are amended
or revoked by a subsequent law of the Federal Legislature.
(4) Notwithstanding "anything -contained in the Constitution, during
the period aforesaid the Governor-General may, subject to subsection (6)
of this section and to any instructions that Her Majesty may see fit
to give him, exercise or perform any of the powers or duties conferred
on him by the Constitution without having consulted, or obtained, the
advice of, any other person or authority.
(5) During the period aforesaid, any sums received on account of
the Federation may be appropriated by the Governor-General to such
purposes of the Federal Government as he sees fit.
(6) (a) Until the Public Service Commission for which provision is
made by article 102 of the Constitution (in this subsection referred to
as "the permanent Commission") is ready to assume its. functions,'
there shall be a temporary Public Service Commission to advise the
Governor-General on the exercise of the powers vested in him by
paragraph (1) of article 103 of the Constitution and the provisions of
articles 103 and 104 of the Constitution shall apply in relation to the
temporary Public Service Commission as they apply in relation to the
permanent Commission.
(b) The temporary Public Service Commission shall consist of such
persons as the Governor-General may, by writing under his hand,
appoint.
(c) A member of the temporary Public Service Commission shall
hold office for such term as may be specified in the instrument by which
he is appointed, and he shall in any case vacate his office if the
Governor-General revokes his appointment thereto or if he resigns his
office by writing under his hand addressed to the Governor-General.
(d) When the permanent Commission is ready to assume its functions
the Governor-General shall, by writing under his hand, give notice to
that effect to the temporary Public Service Commission and, on the
date of that notice, or on such later date as may be specified in that
notice, the temporary Public Service Commission shall cease to exist.
GENERAL
3. No appeal shall lie from a Superior Court of any Territory to the Jurisdiction
Court established by the West Indian Court of Appeal Act, 1919(b), in f Federal
Supreme
any case in which, by virtue of a law enacted under article 83 of the Cou to be
Constitution, an appeal lies to the Federal Supreme Court. in substitu-
tion for
(b) 9 & 10 Geo. 5. c. 47. jurisdiction
5 of West
15 Indian Court
of Appeal.

Adaptation 4.-(1) The following enactments(c) shall have effect as if references
of enact- therein to a possession of Her Majesty or to a colony included a
ments, etc. reference to the Federation as a whole as well as to each of the
Territories individually, that is to say-
(a) Section 20 of the Judicial Committee Act, 1833;
(b) Sections 15 and 17 of the Statutory Declarations Act, 1835;
(c) the (Colonies) Evidence Act, 1843;
(d) the Slave Trade Act, 1843;
(e) the Judicial Commaittee Act, 1844;
(f) the Admiralty Offences (Colohial) Act, 1849;
(g) the Evidence Act, 1851;
(h) the Evidence by Commission Act, 1859;
(i) the Colonial Affidavits Act, 1859;
(j) the Admiralty Offences (Colonial) Act, 1860
(k) the Colonial Letters Patent Act, 1863;
(1) the Colonial Laws Validity Act, 1865 ;
(m) the Colonial Marriages Act, 1865;
(n) the Documentary Evidence Act, 1868;
(o) 'the Pensions (Colonial Service) Act, 1887.
(2) Unless the Federal Legislature by law otherwise provides, the
Extradition Acts, 1870 to 1935(c), shall have effect as if there were
no Federal Legislature.
(3) The following enactments(c) shall have effect as if there were no
Federal Legislature, that is to say-
(a) the Colonial Prisoners Removal Act, 1869;
(b) the Fugitive Offenders Acts, 1881 and 1915;
(c) the Colonial Prisoners Removal Act, 1884.
(4) Notwithstanding section 18 of the Interpretation Act, 1889(c), the
territories comprised in the Federation shall not, unless the Federal
Legislature by law otherwise provides, be deemed to be one colony for
the purposes of the British Nationality Act, 1948(c);
Provided that the definition of Crown service under Her Majesty's
Government in the United Kingdom in subsection (1) of section 32
of that Act shall have effect as if the reference to the service of the
Crown under the Government of any colony included both a reference
to such service under the Federal Government and a reference to such
service under the Government of any Territory.
(5) Notwithstanding section 18 of the Interpretation Act, 1889(c), the
following enactments(c) shall have effect as if the expressions "British
possession ", "colony" and "colonial territory" therein included a
reference to each of the Territories. individually as well as to the
Federation as a whole, that is to say-
(a) the Colonial Courts of Admiralty Act, 1890;
(b) the Colonial Officers (Leave of Absence) Act, 1894;
(c) sections 735 and 736 of the Merchant Shipping Act, 1894;
(c) For session and chapter of Actr, referred to in this section see Table at end of
Order.

(d) the Colonial Boundaries Act, 1895;
(e) section 91A of the Patents and Designs Act, 1907;
(f) the Colonial Development and Welfare Acts, 1940 to 1955;
(g) the Overseas Resources Development Acts, 1948 to 1956;
(h) subsection (2) of section 68 of the Patents Act, 1949 ;
(i) subsection (2) of section 13 of the Registered Designs Act, 1949;
(j) subsection (1) of section 31 of the Copyright Act, 1956.
(6) The Colonial Leave of Absence Act, 1782(c), shall not apply in
relation to the office of a judge of any Federal Court or any office
in the public service of the Federation.
(7) Any corporation or company incorporated under a law of the
Federal Legislature shall be deemed to be a colonial corporation or
company within the meaning of section 4 of the Finance Act, 1899(c).
(8) The provisions of article 48 of the Constitution annexed to this
Order shall apply in relation to a law made for any Territory by virtue
of an Order in Council under subsection (1) of section 3 of the Leeward
Islands Act, 1956(c), as they apply in relation to territorial emergency
laws as defined in that article; and that subsection shall be construed
accordingly.
(9) The provisions of article 48 of the Constitution annexed to this
Order shall apply in relation to regulations made by the Governor of
a Territory under the Emergency Powers Order in Council, 1939(d), as
amended(e), as they apply in relation to territorial emergency laws as
defined in that article; and that Order shall be construed accordingly.
(10) Her Majesty may by Order in Council-
(a) make such adaptations and modifications of any further enact-
ment or of any Order in Council, order, regulations or other
instrument, being an enactment or instrument relating or referring
to any of the Territories and passed or made before the date of
the making of this Order, as appear to Her Majesty to be necessary
or expedient by reason of the provisions of this Order ; or
(b) amend or revoke any previous Order in Council made under this
subsection,
and any Order in Council made under this subsection that adapts or
modifies an Act of Parliament shall be deemed for the purposes of
the Statutory Instruments Act, 1946(c), to be made in pursuance of a
power conferred by an Act of Parliament and be subject to annulment
in pursuance of a resolution of either House of Parliament.
(11) Nothing in the last foregoing subsection shall prejudice any other
power to amend any Order in Council, order, regulation or other
instrument.

5.-(1) Subject to article 117 of the Constitution (which relates to Power to
amendment of the Constitution), Her Majesty may by Order in Council, make provi-
in connection with the accession to the Federation established by this sion in con-
Order of any other colony (with its dependencies, if any), make pro- section with
vision for anything for which, by virtue of subsection (1) of section 1 colonies :
of the British Caribbean Federation Act, 1956(f), Her Majesty might Federation.
(c) For session and chapter of Acts referred to in this section see Table at end of
Order. (d) See appendix to S.I. 1952/2031 (1952 I, p. 620).
(e) S.I. 1952/2031, 1956/731 (1952 I, p. 620) (f) 4 & 5 Eliz. 2. c. 63.
17

make provision if the occasion of the accession were that of the estab-
lishment of the Federation and the acceding colony were included
amongst the colonies specified in the Schedule to that Act.
(2) Any Order in Council made by virtue of this section that makes,
or provides for the making of, adaptations or modifications of any Act
of Parliament shall be deemed for the purposes of the Statutory Instru-
ments Act, 1946(g), to be made in pursuance of a power conferred by an
Act of Parliament and be subject to annulment in pursuance of a
resolution of either House of Parliament.

Amendment
of Territorial
Constitu-
tions.

Power to
amend or
revoke
provisions
of Order.

6.-(1) From the date when the Constitution annexed to this Order
comes into force the constitutions of the Territories shall have effect
subject to the provisions of this Order.
(2) Any power subsisting at the date referred to in subsection (1) of
this section to alter the constitution of any of the Territories shall con-
tinue after that date, but any such alteration made on or after that
date in pursuance of such a power, shall, if inconsistent with the pro-
visions of this Order, be void to the extent of that inconsistency.
(3) For the avoidance of doubts it is hereby declared that, except as
is provided in subsection (2) of this section, nothing in this Order shall
affect any power vested in Her Majesty in Council otherwise than by
this Order to make laws for any Territory.
(4) In this section references to this Order include references to the
Constitution annexed to this Order.
7. Her Majesty may by Order in Council amend or revoke any of
the provisions of this Order including this section:
Provided that any Order in Council that amends any provision of
section 4 or section 5 of this Order or of this section shall be deemed
for the purposes of the Statutory Instruments Act, 1946(g), to be made
in pursuance of a power conferred by an Act of Parliament and be
subject to annulment in pursuance of a resolution of either House of
Parliament.

Interpreta- 8. The provisions of article 116 of the Constitution annexed to this
tion. Order shall apply for the purpose of interpreting this Order as they
apply for interpreting the Constitution.

Citation. 9. This Order may be cited as the West Indies (Federation) Order
in Council, 1957, and the Annex to this Order may be cited separately
as the Constitution of the West Indies.
W. G. Agnew.
ANNEX

THE CONSTITUTION OF THE WEST INDIES
Whereas the peoples of The West Indies consider it essential to theit
future well-being that the Colonies of Antigua, Barbados, Dominica,
Grenada, Jamaica, Montserrat, Saint Christopher Nevis and Anguilla,
Saint Lucia, Saint Vincent, and Trinidad and Tobago should be
associated in a Federation;
And Whereas all inhabitants of these Colonies should continue, under
such a Federation, to enjoy the free exercise of their respective modes
of religious worship;
(g) 9 & 10 Geo. 6. c. 36.

And Whereas there should be the greatest possible freedom of
movement for persons and goods within such a Federation;
And Whereas it is essential for the economic strength of the area
that there should be an integrated, trade policy for the Federation and
that there should be introduced in the Federation, as far and as quickly
as practicable, a customs union, including internal free trade;
Now, therefore, the said Colonies shall be associated .in a Federation
in accordance with the following provisions:--

CHAPTER I
THE FEDERATION
1.-(1) The Federation shall be known as The West Indies and shall The
consist of the Colonies of Antigua, Barbados, Dominica, Grenada, Federation.
Jamaica, Montserrat, Saint Christopher Nevis and Anguilla, Saint
Lucia, Saint Vincent, and Trinidad and Tobago.
(2) A reference in paragraph (1) of this article to any Colony shall be
construed as including a reference to the dependencies, if any, of that
Colony.
2.-(1) There shall be a Governor-General and Commander-in-Chief The
of the Federation who shall be appointed by Her Majesty by Com- Goernor-
mission under Her Sign Manual and Signet and hold office during Her
Majesty's pleasure and who shall be Her Majesty's representative in
the Federation.
(2) The Governor-General shall have such powers and duties as are
conferred or imposed upon him by or under this Constitution or any
other law, and such other powers as Her Majesty may from time to
time be pleased to assign to him, and, subject to the provisions of this
Constitution and of any other law by which any such powers or duties
are conferred or imposed, shall do and execute all things that belong
to his office (including the exercise of any powers and the performance
of any duties with respect to which he is empowered by this Constitution
to act in his discretion) according to such instructions, if any, as Her
Majesty may from time to time see fit to give him :
Provided that the question whether or not the Governor-General has
in any matter complied with any such instructions shall not be enquired
into in any court.
(3) Before entering on the functions of his office, the Governor-
General shall make oaths or affirmations of allegiance and for the due
execution of the office of Governor-General and Commander-in-Chief
in the forms set out in the First Schedule to this Constitution.
(4) There shall be charged on the revenues of the Federation and
paid thereout to the Governor-General the salary and allowance
specified in the Second Schedule to this Constitution or such salary and
allowance as the Federal Legislature may by law prescribe in
substitution therefore:
Provided that the salary of a Governor-General shall not be reduced
during his continuance in office.
3.-(1) During any period when the office of Governor-General is Acting
vacant or the Governor-General is absent from the Federation or is Govenor-
for any other reason unable to perform the functions of his office those Genral

functions shall, during Her Majesty's pleasure, be assumed and
performed by-
(a) such person as Her Majesty may appoint in that behalf by Com-
mission under Her Sign Manual and Signet; or
(b) if there is no person in the Federation so appointed and able
to perform those functions, such person as Her Majesty may
designate in that behalf by instructions given through a Secretary
of State.
(2) Before assuming the functions of the Governor-General any such
person as aforesaid shall make the oaths or affirmations directed by the
last foregoing article to be made by the Governor-General.
(3) Any such person as aforesaid shall not continue to perform the
functions of the office of Governor-General after the Governor-General
or some other person having a prior right to perform the functions
of that office has notified him that he is about to assume or resume
those functions.
(4) The Governor-General or any other person as aforesaid shall not,
for the purposes of this article, be regarded as absent from the Federa-
tion or as unable to perform the functions of the office of Governor-
General-
(a) by reason only that he is in passage from one part of the Federa-
tion to another, or.
(b) at any time when there is a subsisting appointment of a deputy
under the next following article.
Deputy to 4.--(1) Whenever the Governor-General-
Governor-
General. (a) has occasion to be absent from the seat of the Federal Govern-
ment but not from. the Federation; or
(b) has occasion to be absent from the Federation for a period that
he has reason to believe will be of short duration ; or
(c) is suffering from an illness that he has reason to believe will be
of short duration,
he may, in his discretion, by instrument under the public seal, appoint
any person in the Federation to be his deputy during such absence
or illness, and in that capacity to perform on his behalf such of the
functions of the office of Governor-General as may be specified in that
instrument.
(2) The power and authority of the Governor-General shall not be
abridged, altered or in any way affected by the appointment of a deputy
under this article, and a deputy shall conform to and observe all
instructions that the Governor-General, acting in his discretion, may
from time to time.address to him:
Provided that the question whether or not a deputy has conformed
to or observed any such instructions shall not be enquired into by any
court.
(3) A person appointed as a deputy under this article shall hold that
appointment for such period as may be specified in the instrument by
which he is appointed, and his appointment may be revoked at any
time by Her Majesty by instructions given through a Secretary of State
or by the Governor-General acting in his discretion.
Constitution 5.-(1) The Governor-General may, in the name and on behalf of
of offices for Her Majesty, constitute such offices for the Federation as may be
Federation. lawfully constituted by Her Majesty and may abolish such offices, and,

subject to article 103 of this Constitution, may make appointments to
any office so constituted, and any person so appointed shall, unless it is
otherwise provided by law, hold office during Her Majesty's pleasure.
(2) The Governor-General shall, in exercise of the power conferred
upon him by this article, constitute the following offices, being offices
required for the purposes of, or referred to in, this Constitution, that
is to say the offices of Attorney-General of the Federation, Clerk of the
Senate, Clerk of the House of Representatives, and Secretary to the
Governor-General.
6.--(1) The seat of .the Federal Government shall be in the island of Seat of
Trinidad. Federal
Government.
(2) The Governor-General may, by order, declare. that any land in Gover
the island of Trinidad is an area used or to be used as, or in conjunction
with, the seat of the Federal Government:
Provided that the Governor-General shall not, without the consent
of the Governor of the Colony of Trinidad and Tobago, make any
such declaration with respect to land that is not vested in Her Majesty
for the purposes of the Federation or in any person or authority on
behalf of the Federation.
(3) The Federal Legislature may make laws for any such area with
respect to any matter, whether or not that matter is included in the
Exclusive Legislative List or the Concurrent Legislative List, and the
Legislature of the Colony of Trinidad and Tobago may make laws for
any such area with respect to any matter that is not included in the
Exclusive Legislative List.

CHAPTER II
THE FEDERAL LEGISLATURE
General
7. The legislative power of the Federation shall be vested in a Legislative
Federal Legislature consisting of Her Majesty, a Senate and a House power of
of Representatives. Federation.
The Senate
8.--(1) Subject to article 13 of this Constitution, the Senate stall Composition
consist of nineteen members (in this Constitution referred to as of Senate.
"Senators") who shall be appointed by the Governor-General by
instrument under the public seal in accordance with this article.
(2) Two Senators shall be appointed for each Territory except
Montserrat and one Senator shall be appointed for Montserrat.
(3) In the exercise of the power conferred upon him by this article
to appoint a person as a Senator for any Territory the Governor-General
shall, subject to the two next following articles, act in his discretion
after consultation with the Governor of that Territory.
9. Subject to the next following article, a person shall be qualified to Qualifications
be appointed as a Senator if, and shall not be qualified to be so for
appointed unless, he- appointment
as Senator.
(a) is a British subject ;
(b) has, since attaining the age of twenty-one years, resided in the
territory comprised in the Federation for a period of, or periods
amounting in the aggregate to, not less than three years; and

(c) is, at the date of his appointment, resident in the Territory for
which he is appointed.
Disqualifica- 10. No person shall be qualified to be appointed as a Senator who-
tions for
appointment (a) is, by virtue of his own act, under any acknowledgment of
as Senator. allegiance, obedience or adherence to a foreign power or state;
(b) holds or is acting in any paid office in'the service or appointment
of the Crown;
(c) is a member of the House of Representatives;
(d) is a party to, or a partner in a firm, or a director or manager of
a company, which is a party to, any contract with the Federal
Government for or on account of the public service and has not
disclosed to the Governor-General the nature of such contract,
and his interest, or the interest of such firm or company, therein;
(e) has been adjudged or otherwise declared bankrupt under any
law in force in any part of Her Majesty's dominions and has not
been discharged;
(f) being a person possessed of professional qualifications, is dis-
qualified from practising his profession by the order of any
competent authority on account of any act involving dishonesty;
(g) is a person certified to be insane or otherwise adjudged to be of
unsound mind under any law in force in the Federation;
(h) is under sentence of death imposed on him by a court in any part
of Her Majesty's dominions, or is serving a sentence of imprison-
ment (by whatever name called) exceeding twelve months imposed
on him by such a court or substituted by competent authority for
some other sentence imposed on him by such a court, or is under
such a sentence of imprisonment the execution of which has been
suspended; or
(j) is a person disqualified for membership of the House of Repre-
sentatives by virtue of any law of the Federal Legislature enacted
in pursuance of paragraph (d) of article 18 of this Constitution.

Effect on 11. If at the time of his appointment as a Senator a person is a
Senator of member of the Legislature or of the Executive Council of any
meership Territory-
of Legislature Territory-
or Executive. (a) he shall not take part in the proceedings of the Senate until he
CounTerritory a has ceased to be a member of that Legislature or Executive
Council; and
(b) if he has not ceased to be such a member at the expiration of a
period of twenty-one days after the date of his appointment as a
Senator he shall thereupon vacate his seat in the Senate.
Tenure of 12.--(1) At the end of the period of five years beginning with the
office of date when the Senate first meets after this Constitution comes into force
Senators. and at the end of each succeeding period of five years thereafter all
Senators shall vacate their seats in the Senate, and the term of office
of a Senator shall not be affected, and the seat of a Senator shall not
become vacant, by reason of a dissolution of the Federal Legislature.
(2) A Senator shall also vacate his seat in the Senate-
(a) if he resigns it by writing under his hand addressed to the
President of the Senate :

(b) if he is absent from the sittings of the Senate for such period and
in such circumstances as may be prescribed in the Standing Orders
of the Senate;
(c) if, with his consent, he is nominated as a candidate for election
to the House of Representatives or to the Legislature of any Terri-
tory, or if he is elected to the House of Representatives or to such
a Legislature, or if he becomes a member of such a Legislature
otherwise than by election;
(d) if he becomes a member of the Executive Council of any Terri-
tory ;
(e) if he ceases to be a British subject;
(f) if he becomes a party to any contract with the Federal Govern-
ment for or on account of the public service or if any firm in
which he is a partner, or any company of which he is a director or
manager, becomes a party to any such contract, or if he becomes
a partner in a firm or a director or manager of a company which
is a party to any such- contract:
Provided that, if in the circumstances it appears to him to be
just so to do, the Governor-General, acting in his discretion, may
exempt any Senator from vacating his seat under the provisions of
this sub-paragraph, if such a Senator, before becoming a party to
such contract as aforesaid, or before or as soon as practicable after
becoming otherwise interested in such contract (whether as a
partner in a firm or as a director or manager of a company),
discloses to the Governor-General the nature of such contract and
his interest, or the interest of such firm or company, therein;
(g) if he is sentenced by a court in any part of Her Majesty's
dominions to death, or to imprisonment (by whatever name called)
for a term exceeding twelve months ; or
(h) if any circumstances arise that, if he were not a Senator, would
cause him to be disqualified for appointment as such under para-
graph (a), (b), (e), (f), (g) or (j) of article 10 of this Constitution.
(3) (a) If the Governor-General is satisfied that a Senator has ceased
to be resident in the Territory for which he was appointed he may
cause a declaration to that effect to be published in the Gazette, and
upon publication of any such declaration the Senator to whom it relates
shall vacate his seat in the Senate.
(b) The Governor-General shall not regard a Senator as having ceased
to be resident in the Territory for which he was appointed by reason
only of his residing at the seat of the Federal Government for such
periods as may be necessary to enable him to perform his functions as a
Senator or the functions of any office held by him in connection with the
government of the Federation.
(c) In the exercise of the powers conferred upon him by this para-
graph the Governor-General shall act in his discretion.
13.-(1) If, in his individual judgment, the Governor-General con- Inability of
siders that a Senator appointed for any Territory is, by reason of his a Senator and
illness or his absence from the Federation or for any other reason, of metm
unable to perform his functions as a Senator, the Governor-General of Senate
may by instrument under the public seal- during such
(a) declare that that Senator is so unable; and inability.
(b) appoint as a member of the Senate for the period of that Senator's
inability to perform his functions a person who is qualified to be
appointed as a Senator for that Territory.
23

(2) A Senator who has been declared as aforesaid to be unable to
perform his functions as a Senator shall not take part in the proceedings
of the Senate until he is declared by the Governor-General by instrument
under the public seal again to be able to perform those functions.
(3) In the exercise of the powers conferred upon him by this article
the Governor-General shall act in his discretion, but before appointing
a person to be a member of the Senate on account of the inability of
a Senator appointed for any Territory to perform his functions as a
Senator the Governor-General shall consult with the Governor of that
Territory.
(4) Articles 11 and 12 of this Constitution shall apply in relation
to a member of the Senate appointed under this article as they apply
in relation to a Senator, and such a member shall in any case vacate
his seat in the Senate when the Senator on account of whose inability
to perform his functions he was appointed is declared under para-
graph (2) of this article again to be able to perform his functions or
when that Senator vacates his seat in the Senate.
President 14.-(1) When the Senate first meets after this Constitution comes
and Vice- into force or after the occurrence of a vacancy, other than a casual
esdent of vacancy, in the office of President, the Senate shall, before it proceeds
to the despatch of any other business, elect a Senator to be President
of the Senate; and if a casual vacancy occurs in the office of President
the Senate shall, as soon as practicable, elect another Senator to that
office.
(2) When the Senate first meets after this Constitution comes into
force or after the occurrence of a vacancy, other than a casual vacancy,
in the office of Vice-President, the Senate shall, before it proceeds to
the despatch of any other business except the election of the President,
elect a Senator to be Vice-President of the Senate; and if a casual
vacancy occurs in the office of Vice-President the Senate shall, as soon
as convenient, elect another Senator to that office.
(3) The Senate shall not elect a Senator who is a member of the
Council of State to be the President or Vice-President of the Senate.
(4) A person shall vacate the office of President. or Vice-President
of the Senate-
(a) if he announces the resignation of his office to the Senate or if,
by writing under his hand addressed to the Clerk of the Senate,
he resigns that office;
(b) if he ceases to be a Senator;
(c) if he is appointed to be a member of the Council of State; or
(d) in the case of the Vice-President, if he is elected to be President.
(5) References in this article to a casual vacancy in the office of
President or Vice-President of the Senate are references to a vacancy
in that office occurring for any reason other than the fact that the
former holder of that office has vacated his seat in the Senate under
paragraph (1) of article 12 of this Constitution..
The House of Representatives
Composition 15.-(1) Subject to paragraph (2) of this article and to the next
of House of following article, the House of Representatives shall consist of forty-five
Repre- members of whom five shall be elected in Barbados, seventeen in
stativs. Jamaica, ten in Trinidad and Tobago, one in Montserrat and two in
each of the other Territories.

(2) If any person who is not a member of the House of Repre-
sentatives is elected to be Speaker of that House he shall, by virtue of
holding the 'office of Speaker, be a member of that House in addition
to the forty-five members aforesaid.
16.-(1) In addition to the member to be elected in Montserrat under Alternate
the last foregoing article (in this Constitution referred to as "the member for
member for Montserrat ") there shall be elected in Montserrat a further Montserrat.
member of the House of Representatives (in this Constitution referred
to as "the alternate member for Montserrat ").
(2) The alternate member for Montserrat shall not take part in the
proceedings of the House of Representatives except when-
(a) the seat of the member for Montserrat is vacant;
(b) the member for Montserrat is absent from any sitting of the
House with the leave of the House ; or
(c) the member for Montserrat is absent from any sitting of the
House without such leave and the Speaker or other member
presiding at the sitting is satisfied that he is absent because he
is ill.
(3) No person shall, while he is the alternate member for Montserrat,
be nominated as a candidate for election as the member for Montserrat.
(4) Subject to the provisions of paragraphs (2) and (3) of this article,
the provisions of this Constitution shall apply in relation to the alternate
member for Montserrat as they apply in relation to other members
of the House of Representatives.

17.--(1) Subject to the provisions of paragraph (2) of this article Qualifica.
a person shall be qualified to !be registered as an elector for elections tions and dis.
to the House of Representatives in an electoral district if, -and shall fur election
not be so qualified unless, he--
(a) is a British subject of the age of twenty-one years or upwards;
(b) has resided in the Territory in which that district is situated
for a period of not less than six months immediately before the
date of registration; and
(c) has such connection (if any) with that district by virtue of residence
therein as may be required by any law of the Federal Legislature.
(2) No person shall be qualified to be registered as an elector for
elections to the House of Representatives in any electoral district
who--
(a) is under sentence of death imposed on him by a court in any
part of Her Majesty's dominions, or is serving a sentence of im-
prisonment (by whatever name called) exceeding twelve months
imposed on him by such a court or substituted by competent
authority for some other sentence imposed on him by such a court,
or is under such a sentence of imprisonment the execution of
which has been suspended;
(b) is a person certified to be insane or otherwise adjudged to be of
unsound mind under any law in force in the Federation; or
(c) is disqualified for such registration by virtue of any law of the
Federal Legislature enacted in pursuance of paragraph (d) of
article 18 of this Constitution.

(3) No person shall vote at an election to the House of Represen-
tatives in any electoral district unless he is registered as an elector for
such elections in that district.
Laws as to 18. Subject to the provisions of this Constitution, the Federal Legis-
elections. lature may, except as respects the matters referred to in the next
succeeding article, make provision by law for the election of members
of the House of Representatives and in particular for-
(a) the registration of electors Z
(b) the ascertainment of the qualification of electors and of persons
who submit themselves for election;
(c) the holding of elections;
(d) the definition and trial of offences relating to elections and the
imposition of penalties therefore including the disqualification for
membership of the House of Representatives or for registration as
an elector or for voting at elections of any person concerned in
any such offence.
Electoral 19.-(1) Montserrat shall form a single electoral area which shall
areas return the member for Montserrat and the alternate member for
Montserrat.
(2) Each of the other Territories shall be divided into such electoral
areas for the purpose of returning the members of the House of Repre-
sentatives who are to be elected in that Territory as may be estab-
lished by or under any law of the Legislature of that Territory, and
each of those electoral areas shall, unless it is provided by or under
any such law that that area shall return two or more of those members,
return one of those members:
Provided that if in the case of any Territory no provision is made
by a law of the Legislature of that Territory for the division- of that
Territory into electoral areas as aforesaid, that Territory shall form a
single electoral area which shall return both or all of the members of
the House of Representatives who are to be elected in that Territory.
Qualifications 20. Subject to the provisions of the next following article, a person
for election
as member, shall be qualified to be elected as a member of the House of Repre-
sentatives if, and shall not be qualified to be so elected unless, he-
(a) is a British subject of the age of twenty-one years or upwards;
(b) has resided in the territory comprised in the Federation for a
period of, or periods amounting in the aggregate to, not less than
three years before the date of his nomination for election ; and
(c) has resided in the territory comprised in the Federation for a
period of not less than six months immediately before the date of
his nomination for election.
Disqualifi- 21. No person shall be qualified to be elected as a member of the
cations for House of Representatives who-
emer.as (a) is. by virtue of his own act, under any acknowledgment of allegi-
ance, obedience or adherence to a foreign power or state ;
(b) holds or is acting in any paid office in the service or appointment
of the Crown;
(c) is a party to, or a partner in a firm, or a director or manager of a
company, which is a party to, any contract with the Federal Govern-
ment for or on account of the public service and has not within one
month before the date of election published in the official Gazette
26

of the Territory in which he seeks election and in a newspaper
circulating in the electoral district for which he seeks election a
notice setting out the nature of such contract and his interest, or
the interest of such firm or company, therein ;
(d) is under sentence of death imposed on him by a court in any part
of Her Majesty's dominions, or is serving a sentence of imprison-
ment (by whatever name called) exceeding twelve months imposed
on him by such a court or substituted by competent authority for
some other sentence imposed on him by such a court, or is under
such a sentence of imprisonment the execution of which has been
suspended; .
(e) has been adjudged or otherwise declared bankrupt under any law
in force in any part of Her Majesty's dominions and has not been
discharged;
(f) being a person possessed of professional qualifications, is dis-
qualified from practising his profession by the order of any com-
petent authority on account of any act involving dishonesty;
(g) is a person certified to be insane or otherwise adjudged to be of
unsound mind under any law in force in the Federation;
(h) is disqualified for membership of the House of Representatives
by any law of the Federal Legislature by-reason of his holding, or
acting in, any office the functions of which involve-
(i) any responsibility for; or in connection with, the conduct of
any election, or
(ii) any responsibility for the compilation or revision of any
electoral register; or
(j) is disqualified for membership of the House of Representatives
by virtue of any law of the Federal Legislature enacted in pursu-
ance of paragraph (d) of article 18 of this Constitution.
22. If at the time of his election as a member of the House of Repre- Effect on
sentatives a person is a member of the Legislature or of the Executive member of
Council of any Territory- membership
of Legislature
(a) he shall not take part in the proceedings of the House until he or Exetie
has ceased to be a member of that Legislature or Executive Council of a
Council; and Territory.
(b) if he has not ceased to be such a member at the expiration of a
period of twenty-one days after the date of his election as a member
of the House he shall thereupon vacate his seat in the House.
23.-(1) Every member of the House of Representatives shall vacate Tenure
his seat in the House at the next dissolution of the Federal Legislature of office
after his election. of members.
(2) A member of the House of Representatives shall also vacate his
seat in the House-
(a) if he resigns it by writing under his hand addressed to the
Speaker;
(b) if he is absent from the sittings of the House for such period and
in such circumstances as may be prescribed in the Standing Orders
of the House;
(c) if, with his consent, he is nominated as a candidate for election
to the Legislature of any Territory, or if he is elected to such
a Legislature, or if he becomes a member of such a Legislature
otherwise than by election ;

(d) if he becomes a member of the Executive Council of any Terri-
tory;
(e) if he ceases to be a British subject;
(f) if he becomes a party to any contract with the Federal Govern-
ment for or on account of the public service or if any firm in
which he is a partner, or any company of which he is a director
or manager, becomes a party to any such contract, or if he becomes
a partner in a firm or a director or manager of a company which
is a party to any such contract:
Provided that, if in the circumstances it appears to the House of
Representatives to be just so to do, the House may exempt any
member from vacating his seat under the provisions of this sub-para-
graph, if such member, before becoming a party to such contract
as aforesaid, or before or as soon as practicable after becoming
otherwise interested in such contract (whether as a partner in a
firm or as a director or manager of a company), discloses to the
House the nature of such contract and his interest, or the interest
of such firm or company, therein;
(g) if he is sentenced by a court in any part of Her Majesty's
dominions to death, or to imprisonment (by whatever name called)
for a term exceeding twelve months;
(h) if he ceases to be resident in the territory comprised in the
Federation; or
(j) if any circumstances arise that, if he were not a member of the
House of Representatives, would cause him to be disqualified for
election thereto by virtue of paragraph (a), (b), (e), (f), (g), (h)
or (j) of article 21 of this Constitution.
The Speaker 24.-(1) When the House of Representatives first meets after any
and euty general election and before it proceeds to the despatch of any other
business, it shall elect a person to be the Speaker of the House; and,
if the office of Speaker falls vacant otherwise than by reason of a
dissolution of the Federal Legislature, the House shall, as soon as
practicable, elect another person to that office.
(2) The Speaker may be elected either from among the members of
the House of Representatives who are not members of the Council of
State or from among persons who are not members of the House:
Provided that a person who is not a member of the House-shall not
be elected as Speaker if-
(a) he is not a British subject; or
(b) he is a person disqualified for election as a member of the House
of Representatives by virtue of paragraph (a), (b), (d), (e), (f), (g), (h)
or (i) of Article 21 of this Constitution.
(3) If a person elected as Speaker of the House of Representatives
is a member of the Senate, or a member of the Legislature or the
Executive Council of a Territory he shall not enter on the duties of
the office of Speaker until he has ceased to be a member of the Senate
or of that Legislature or Executive Council, and, if he has not ceased
to be such a member at the expiration of seven days after the date of
his election as Speaker, he shall thereupon vacate the office of Speaker.
(4) When the House of Representatives first meets after any general
election and before it proceeds to the despatch of any other business
except the election of the Speaker, the House shall elect a member of the
28

House, who is not a member of the Council of State, to be Deputy
Speaker of the House; and if the office of Deputy Speaker falls vacant
otherwise than by reason of a dissolution of the Federal Legislature,
the House shall, as soon as convenient, elect another such member to
that office.
(5) A person shall vacate the office of Speaker or Deputy Speaker-
(a) on a dissolution of the Federal Legislature;
(b) in the case of a Speaker elected from among the members of the
,House or in the case of the Deputy Speaker, if he ceases to
be a member of the House otherwise than by reason of a dissolu-
tion of the Federal Legislature or if he is appointed to be a member
of the Council of State;
(c) in the case of a Speaker elected from among persons who are not
members of the House of Representatives, if any circumstances
arise that would cause him to be disqualified for election to the
House of Representatives by virtue of paragraph (a), (b), (e), (f),
(g), (h) or (j) of article 21 or that, if he were a member of the
House of Representatives, would cause him to vacate his seat in
that House by virtue of sub-paragraph (c), (d), (e), (f) or (g) of
paragraph (2) of article 23 of this Constitution ;
(d) if he announces the resignation of his office to the House of Repre-
sentatives or if by writing under his hand addressed to the Clerk of
the House of Representatives he resigns his office; or
(e) in the case of the Deputy Speaker, if he is elected to be Speaker.

Procedure in Legislature
25. No member of either chamber of the Federal Legislature shall Oath of
be permitted to take part in the proceedings of that chamber (other alliance.
than proceedings necessary for the purposes of this article) until he
has made and subscribed before that chamber an oath or affirmation
of allegiance in the form set out in the First Schedule to this Consti-
tution :
Provided that the election of a President and Vice-President of
the Senate or the election of a Speaker and Deputy Speaker of the
House of Representatives may take place before the members of the
Senate or the members of the House of Representatives, as the case
may be, have made such oath or affirmation.
26. Subject to the provisions of this Constitution, each chamber of Standing
the Federal Legislature may make Standing Orders with respect to Order.
the regulation and orderly conduct of its proceedings and the despatch
of business, and the passing, intituling and numbering of Bills and
the presentation of the same to the Governor-General for assent.
27. All proceedings of each chamber of the Federal Legislature shall Language.
be conducted in the English language.
28.-(1) The President, or in his absence the Vice-President, or if they' Presiding in
are both absent such member of the Senate (not being a member of the th Sdnatof
Council of State) as the Senate may decide, shall preside at any sitting Representa-
of the Senate. tives.
(2) The Speaker, or in his absence the Deputy Speaker, or if they are
both absent such member of the House of Representatives (not being
a member of the Council of State) as the House may decide, shall preside
at any sitting of the House.

(3) References in this article to circumstances in which the President,
Vice-President, Speaker or Deputy Speaker is absent include references
to circumstances in which the office of President, Vice-President,
Speaker or Deputy Speaker is vacant.
Voting. 29. Save as otherwise provided 'in this Constitution, all questions
proposed for decision in either chamber of the Federal Legislature
shall be determined by a majority of the votes of the members thereof
present and voting:
Provided that the President or other member presiding in the
Senate and the Speaker or other member presiding in the House of
Representatives shall not'vote unless on any question the votes are
equally divided, in which case he shall have and exercise a casting
vote.
Chambers 30. A chamber of the Federal Legislature shall not be disqualified
may transact for the transaction of business by reason of any vacancy in the member-
business not-
withstanding ship thereof (including any vacancy not filled when the chamber is
vacancies etc. first constituted or is reconstituted at any time) and any proceedings
therein shall be valid notwithstanding that some person who was not
entitled so to do sat or voted in the chamber or otherwise took part
in those proceedings.
Quorum in 31.-(1) If at any sitting of either chamber of the Federal Legislature
amber a quorum of the chamber is not present and any member of the
chamber who is present objects to the transaction of business
by that chamber on that account and, after such interval as
may be prescribed in the Standing Orders of the chamber, the person
presiding at the sitting ascertains that a quorum of the chamber is still
not present, he shall adjourn the chamber.
(2) For the purposes of this article-
(a) a quorum of the Senate shall consist of eight members of the
Senate;
(b) a quorum of the House of Representatives shall consist of
seventeen members of that House whose number includes four
members who have been elected respectively in four different
Territories ;
(c) the person presiding at the sitting of either chamber shall not
be included in reckoning whether there is a quorum of that
chamber present.
Introduction 32.-(1) Subject to the provisions of this Constitution and of the
of Bills, etc. Standing Orders of the chamber, any member of a chamber of the
Federal Legislature may introduce any Bill or propose any motion for
debate in, or may present any petition to, that chamber, and the same
shall be debated and disposed of according to the Standing Orders of
the chamber.
(2) A Bill other than a Money Bill may be introduced in either
chamber of the Federal Legislature. A Money Bill shall not be intro-
duced in the Senate.
(3) Except on the recommendation or with the consent of the Council
of State neither chamber of the Federal Legislature shall-
(a) proceed upon any Bill (including any amendment to a Bill) which,
in the opinion of the person presiding in the chamber, makes
provision for imposing or increasing any tax, for imposing or
increasing any charge on the revenues or other funds of the.
Federation or for altering any such charge otherwise than by
reducing it, or for compounding or remitting any debt due to the
Federation ;

(b) proceed upon any motion (including any amendment to a motion)
the effect of which, in the opinion of the person presiding in the
chamber, is that provision should be made for any of the purposes
aforesaid ; or
(c) receive any petition which, in the opinion of the person presiding
in the chamber, requests that provision be made for any of the
purposes aforesaid.
33.-(1) If a Money Bill, having been passed by the House of Repre-
sentatives and sent to the Senate at least one month before the end
of the session, is rejected by the Senate within one month after it is
so sent to that chamber, the Bill, with any amendments which are
certified by the Speaker to have been made by the Senate and agreed
to by the House of Representatives, shall, unless the House of Represen-
tatives otherwise resolves, be presented to the Governor-General for
assent notwithstanding that the Senate has not consented to the Bill.
(2) There shall be endorsed on every Money Bill when it is sent
to the Senate the certificate of the Speaker signed by him that it is a
Money Bill; and there shall be endorsed on any Money Bill that is
presented to the Governor-General for assent in pursuance of para-
graph (1) of this article the certificate of the Speaker signed by him that
it is a Money Bill and that the provisions of that paragraph have
been complied with.
34.--(1) If any Bill other than a Money Bill is passed by the House
of Representatives in two successive sessions (whether or not the Federal
Legislature is dissolved between those sessions) and, having been
sent to the Senate in each of those sessions at least one month before
the end of the session, is rejected by the Senate in each of those
sessions, that Bill shall, on its rejection for the second time by the
Senate, unless the House of Representatives otherwise resolves, be
presented to the Governor-General for assent notwithstanding that the
Senate has not consented to the Bill :
Provided that the foregoing provisions of this paragraph shall not
have effect unless one year has elapsed between the date on which the
Bill is passed by the House of Representatives in the first session and
the date on which it is passed by that House in the second session.
(2) For the purposes of this article a Bill that is sent to the Senate
from the House of Representatives in any session shall be deemed to
be the same Bill as a former Bill sent to the Senate in the preceding
session if, when it is sent to the Senate, it is identical with the former
Bill or contains only such alterations as are certified by the Speaker to
be necessary owing to the time that has elapsed since the date of the
former Bill, or to represent any amendments which have been made
by the Senate in the former Bill in the preceding session.
(3) The House of Representatives may, if it thinks fit, on the passage
through the House of a Bill that is deemed to be the same Bill as a
former Bill sent to the Senate in the preceding session, suggest any
amendments without inserting the amendments in the Bill, and any
such suggested amendments shall be considered by the Senate, and,
if agreed to by the Senate, shall be treated as amendments made by
the Senate and agreed to by the House of Representatives; but the
exercise of this power by the House of Representatives shall not affect
the operation of this article in the event of the rejection of the Bill
by the Senate.

Restriction
of the powers
of the Senate
as to Money
Bills.

Restriction
of the powers
of the Senate
as to Bills
other than
Money Bills.

(4) There shall be inserted in any Bill that is presented to the
Governor-General for assent in pursuance of this article any amendments
that are certified by the Speaker to have been made in the Bill by
the Senate in the second session and agreed to by the House of
Representatives.
(5) There shall be endorsed on any Bill that is presented to the
Governor-General for assent in pursuance of this article the certificate
of the Speaker signed by him that the provisions of this article have
been complied with.

Provisions 35.-(1) In articles 32, 33 and 34 of this Constitution, Money Bill"
relating to means a, Public Bill which, in the opinion of the Speaker, contains only
and 34. provisions dealing with all or any of the following matters, namely,
the imposition, repeal, remission, alteration, or regulation of taxation;
the imposition, for the payment of debt or other financial purposes,
of charges on public money or the variation or repeal of any such
charges; the grant of money to the Crown or to any authority or
person, or the variation or revocation of any such grant; the appro-
priation, receipt, custody, investment, issue or audit of accounts of
public money ; the raising or guarantee of any loan or the repayment
thereof; or subordinate matters incidental to any of the matters afore-
said.
(2) For the purposes of articles 33 and 34 of this Constitution, a Bill
shall be deemed to be rejected by the Senate if-
(a) it is not passed by the Senate without amendment; or
(b) it is passed by the Senate with any amendment which is not agreed
to by the House of Representatives.
(3) Whenever the office of Speaker is vacant or the Speaker is for
any reason unable to perform any function conferred upon him by
paragraph (1) of this article or by article 33 or article 34 of this
Constitution, that function may be performed by the Deputy Speaker.
(4) Any certificate of the Speaker or Deputy Speaker given under
article 33 or article 34 of this Constitution shall be conclusive for all
purposes and shall not be questioned in any court of law.
(5) Before giving any such certificate the Speaker or Deputy Speaker,
as the case may be, shall consult the Attorney-General of the Federa-
tion or, if the Attorney-General is absent from the seat of the Federal
Government, such member of the Attorney-General's staff as the
Attorney-General may designate for the purpose.

Assent to 36.-(1) A Bill shall not become a law until-
Bills. (a) the Governor-General has assented thereto in Her Majesty's name
and on Her Majesty's behalf and has signed the same in token of
such assent, or
(b) Her Majesty has given Her assent thereto through a Secretary of
State and the Governor-General has signified such assent by pro-
clamation published in the Gazette.
(2) A Bill shall be presented to the Governor-General for assent if,
and, subject to the provisions of articles 33 and 34 of this Constitution,
shall not be so presented. unless, it has been agreed to by both chambers
of the Federal Legislature either without amendment or with such
amendments only as are agreed to by both chambers.
32

(3) When a Bill is presented to the Governor-General for assent he
shall, acting in his discretion, declare that he assents or refuses to
assent thereto or that he reserves the Bill for the signification of Her
Majesty's pleasure.
37.,-(1) In every Bill presented to the Governor-General for assent, Words of
other than a Bill presented under article 33 or article 34 of this Con- enactment.
stitution, the words of enactment shall be as follows:-
"Be it enacted by the Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Repre-
sentatives of The West Indies, and by the authority of the same, as
follows: -"
(2) In every Bill presented to the Governor-General for assent under
article 33 or article 34 of this Constitution, the words of enactment shall
be as follows:-
"Be it enacted by the Queen's Most Excellent Majesty, by and
with the advice and consent of the House of Representatives of The
West Indies in accordance with the provisions of article 33 (or
article 34, as the case may be) of the Constitution of The West Indies,
and by the authority of the same, as follows:-"
(3) Any alteration of the words of enactment of a Bill made in conse-
quence of the provisions of paragraph (2) of this article shall not be
deemed to be an amendment of the Bill.

Miscellaneous
38.-(1) The Governor-General may at any time, by proclamation Prorogation
published in the Gazette, prorogue or dissolve the Federal Legislature. and
dissolution.
(2) The Governor-General shall dissolve the Federal Legislature at
the expiration of five years from the date when the House of Representa-
tives first meets after any general election unless it has been sooner
dissolved.
39. A general election of members to the House of Representatives General
shall be held at such time within three months after every dissolution elections.
of the Federal Legislature as the Governor-General, acting in accordance
with the advice of the Prime Minister, may appoint by proclamation
published in the Gazette.
40.-(1) Subject to the provisions of this Constitution the sessions Sessions of
of each chamber of the Federal Legislature shall be held in such the Senate
place and shall begin at such time as the Governor-General may and House of
appoint by proclamation. Raeesent-
(2) The first session of each chamber shall begin within twelve
months after the date when this Constitution comes into force; and
thereafter a session of each chamber shall be held from time to time
so that a period of twelve months shall not intervene between the
date when the chamber last sat in one session and the date appointed
for its first sitting in the next session.
41. The Federal Legislature may by law determine and regulate Privileges,
the privileges, immunities and powers of the two chambers of the etc. of
Federal Legislature and the members thereof but no such privileges, chambers.
immunities or powers shall exceed those of the Commons House of
Parliament of the United Kingdom or of the members thereof

Determina- 42. The Federal Supreme Court shall, to the exclusion of any other
tion of court, have jurisdiction to determine any question whether-
questions
as to (a) any person has been validly appointed as a member of the
membership. Senate or elected as a member of.the House of Representatives;
(b) any member of the Senate or the House of Representatives has
vacated his seat therein;
(c) any person has been validly elected as Speaker of the House of
Representatives from among persons who are not members of that
House or, having been so elected, has vacated the office of
Speaker; or
(d) any person who has been elected as Speaker of the House of
Representatives from among the members of that House has
vacated the office of Speaker by virtue of paragraph (3) of article 24
of this Constitution.

CHAPTER III
LEGISLATIVE POWERS WITHIN THE FEDERATION
Powers of Legislatures of the Federation and the Territories
General 43.-(1) Subject to the provisions of this Constitution, the Federal
provisions Legislature shall have power to make laws for the peace, order and
rvers of good government of the Federation with respect to any matter that is
legislatures, included in the Exclusive Legislative List or the Concurrent Legisla-
tive List and with respect to any matter incidental to any matter
so included or incidental to any power conferred by or under this
Constitution on the Governor-General, the Federal Judicature or any
department, officer.or other authority of the Federal Government.
(2) Subject to the provisions of this Constitution, the Legislature
of a Territory shall not have power to make laws with respect to any
matter that is included in the Exclusive Legislative List:
Provided that, where immediately before the coming into force of
this article the Legislature of any Territory had power to make laws
with respect to any matter included in the Exclusive Legislative List,
that power shall not cease with respect to that matter until such date
as the Governor-General may, by proclamation published in the Gazette,
appoint, and until that date that matter shall in relation to that Territory
be deemed to be included in the Concurrent Legislative List.
(3) Subject to the provisions of this Constitution and of the con-
stitution of the Territory, the Legislature of any Territory (as well as
the Federal Legislature) shall have power to make laws for that
Territory with respect to any matter included in the Concurrent
Legislative List.
(4) Save as otherwise provided by or under this Constitution the
legislative powers of the Legislature of each Territory shall continue
in accordance with the constitution of that Territory.
(5) No law of the Federal Legislature shall apply to the Turks and
Caicos Islands or the Cayman Islands unless it is in express terms
made applicable thereto.

44.-(1) The Federal Legislature may by law confer on the Legisla- Power to
ture of a Territory authority to make laws for that Territory with make and
respect to any matter included in the Exclusive Legislative List. rev s to
additions to
(2) The Legislature of a Territory may by law confer upon the Concurrent
Federal Legislature authority to make laws for that Territory with Legislative
respect to any matter that is not included in the Exclusive Legislative List.
List or the Concurrent Legislative List and is within the legislative com-
petence of the Legislature of that Territory.
(3) Any authority conferred upon the Federal Legislature or the
Legislature of a Territory under this article may be general or may
be granted for such period or subject to such conditions or restrictions
as may be specified in the law by which it is conferred, and while
such authority remains in force the matter to which it extends shall,
in relation to the Territory concerned and to the extent of the authority
conferred, be deemed to be included in the Concurrent Legislative List.
(4) Any such authority, whether granted generally or for a specified
period, may be revoked at any time by a subsequent law of the
Legislature by which it was conferred:
Provided that no such law shall come into force earlier than the
expiration of six months from the date of the making thereof.
45.-(1) If any law of the Legislature of a Territory is inconsistent Effect of
with any law of the Federal Legislature which the Federal Legislature Federal and
was competent to enact, whether the Federal law was made before Territorial
laws on one
or after the Territorial law, then the Federal law shall, to the extent another.
of the inconsistency, prevail over the Territorial law; and a law of the
Federal Legislature with respect to any matter for the time being
within the legislative competence of that Legislature may amend or
repeal, or provide for the amendment or repeal of, any law of the
Legislature of a Territory with respect to that matter.
(2) Where the Legislature of a Territory has under the last foregoing
article conferred on the Federal Legislature authority to make laws
with respect to any matter and that authority is subsequently revoked,
the law by which the authority is revoked, or any subsequent law of the
Legislature of that Territory coming into force after the revocation
becomes effective, may amend or repeal, or provide for the amendment
or repeal of, any law of the Federal Legislature made in pursuance
of that authority; but save as aforesaid, and except as may be further
expressly provided by any law of the Federal Legislature, the Legisla-
ture of a Territory shall not have power to amend or repeal any law
of the Federal Legislature.
(3) Where authority to make laws with respect to any matter has
been conferred under the last foregoing article and has subsequently
been revoked, any law made in pursuance of that authority shall, subject
to paragraph (1) of this article, continue to have effect after the revoca-
tion has become effective except in so far as it is amended or repealed
by a law of the Legislature by which the authority was conferred and
revoked.
(4) Where the power of the Legislature of a Territory to make laws
with respect to a matter included in the Exclusive Legislative List has
ceased under paragraph (2) of article 43 of this Constitution, any law
of that Legislature with respect to that matter in force immediately
before the date when that power ceased shall, subject to paragraph (1)
of this article, continue to have effect except in so far as it is amended
or repealed by a subsequent law of the Federal Legislature.

Legislature 46. Nothing in this Constitution shall be construed as precluding
may appro- the Federal Legislature or the Legislature of a Territory from making
private public
funds for provision by law for the appropriation of the public funds of the
any purpose. Federation or of that Territory, as the case may be, for a purpose for
which that Legislature has no other power to make laws.
Implementa- 47.-(1) A law of the Federal Legislature may make provision for
tion of the implementation in relation to the Federation or any one or
international
obligations, more of the Territories of agreements with and other obligations
towards or arrangements relating to countries outside the Federation
or international organizations with respect to any matter, whether or
not that matter is included in the 'Exclusive Legislative List or the
Concurrent Legislative List.
(2) A law of the Legislature of a Territory may make provision
for the implementation in relation to that Territory of agreements
with and other obligations towards or arrangements relating to countries
outside the Federation or international organizations with respect to
any matter that is not included in the Exclusive Legislative List.

Power of 48.-(1) A federal emergency law may make provision with respect
Federal to matters not included in the Exclusive Legislative List or the Con-
Legislature current Legislative List and a territorial emergency law may make
on territorial provision with respect to matters included in the Exclusive Legislative
matters and List.
of a
Territorial (2) A federal emergency law to the extent that it makes provision
Legislature for any matter not included in the Exclusive Legislative List or the
to make laws Concurrent Legislative List, and a territorial emergency law to the
on federal
matters for extent that it makes provision for any matter included in the Exclusive
emergencies. Legislative List, shall have effect only during a period of emergency:
Provided that -the termination of a period of emergency shall not
affect the operation of such a law during that emergency, or the validity
of any action taken thereunder during that emergency, or any penalty
or punishment incurred in respect of any contravention thereof or any
failure to comply therewith during that emergency, or any proceeding
or remedy in respect of any such punishment or penalty.
(3) Notwithstanding the provisions of paragraph (1) of article 45 of
this Constitution, if a territorial emergency law is inconsistent with any
law of the Federal Legislature other than a federal emergency law
then, save as the Governor-General by proclamation otherwise directs,
the territorial emergency law shall, to the extent of the inconsistency,
prevail over the federal law.
(4) In this article-
"federal emergency law" and "territorial emergency law" mean
respectively a law of the Federal Legislature or a law of the Legisla-
ture of a Territory that makes special provision in relation to periods
of emergency; and period of emergency" means, in relation to a
federal emergency law or a territorial emergency law, a period during
which a state of emergency exists for the purposes of that law having
been declared to exist by any authority empowered to make such a
declaration.

Special provisions regarding Territorial laws that provide for controlling
the movement of persons
49.-(1) Articles 50 and 51 of this Constitution apply to any law of Interpreta-
the Legislature of a Territory that makes provision for controlling tionand
the movement of persons between that Territory and any other Terri- of articles
tory: 50 and 51.
Provided that those articles shall not apply to a law that makes
provision for controlling the movement of persons between one Territory
and another only for a reason that is specified in the law, or in some
other law amended by the law, and is connected with the maintenance
of public health or the maintenance of public security.
(2) In reckoning any such period of ninety days as is referred to in
article 50 of this Constitution no account shall be taken of any time
during which the Federal Legislature is dissolved; and in reckoning
any such period of sixty days as is referred to in article 51 of this
Constitution no account shall be taken of any time during which that
Legislature is dissolved or prorogued.

50.-(1) As soon as is practicable after the end of a period of five Laws enacted
years beginning with the date when this Constitution comes into force before end of
the Governor of each Territory shall cause to be laid before each first five
chamber of the Federal Legislature a copy of every law enacted by the years.
Legislature of that Territory (whether before or after the date aforesaid)
which is in force at the end of the aforesaid period of five years and
is a law to which this article applies; and it shall be the duty of each
of those chambers to review any law of which a copy is so laid before it.
(2) If each chamber of the Federal Legislature has not within ninety
days after the end of the aforesaid period of five years resolved that
it does not object to a law of the Legislature of a Territory of which a
copy is required to be laid before it under paragraph (I) of this article,
then (unless the law sooner expires or is repealed and whether or not
copies thereof have been laid as aforesaid) the law shall be deemed to
be repealed at the end of the said ninety days to the extent that it makes
provision for controlling the movement of persons between that Territory
and any other Territory for any reason other than a reason that is
specified in the law, or in some other law amended by the law, and is
connected with the maintenance of public health or the maintenance of
public security.
51.-(1) If at any time after the end of a period of five years Laws enacted
beginning with the date when this Constitution comes into force the after first
Legislature of a Territory enacts. any law to which this article applies, five years.
the Governor of that Territory shall, as soon as is practicable after the
enactment of such law, cause a copy thereof to be laid before each
chamber of the Federal Legislature; and it shall be the duty of each
of those chambers to review any law of which a copy is so laid before it.
(2) A law of the Legislature of a Territory of which a copy is required
to be laid before each chamber of the Federal Legislature under
paragraph (1) of this article shall not come into operation before the
end of a period of sixty days after the date of its enactment; and if
each of those chambers has not within that period resolved that it
does not object to the law, then (whether or not copies of the law have
been laid as aforesaid) the law shall be deemed to be repealed at the
end of the said sixty days to the extent that it makes provision for

controlling the movement of persons between that Territory and any
other Territory for any reason othef than a reason that is specified in
the law, or in some other law amended by the law, and is connected
with the maintenance of public health or the maintenance of public
security.

Powers of Her Majesty
Power of 52.-(1) Any law of the Federal Legislature which has been assented
disallowance to by the Governor-General and which appears to Her Majesty's
in respect of Government in the United Kingdom-
laws relating
to Federal (a) to alter, to the injury of the stockholders, provisions relating to
Government any Federal stock, being securities in which a- trustee may invest
stock. by virtue of section 2 of the Colonial Stock Act, 1900(h), or
(b) to involve a departure from the original contract in respect of
any such stock,
may be disallowed by Her Majesty through a Secretary of State.
(2) Whenever such a law has been disallowed by Her Majesty the
Governor-General shall cause notice of such disallowance to be pub-
lished in the Gazette and the law shall be annulled with effect from the
date of the publication of that notice.
(3) On the annulment of any law under this article any enactment
repealed or amended by or in pursuance of that law shall have effect as
from the date of the annulment as if that law had not been made; but
save as provided in the' foregoing provisions of this paragraph the
provisions of subsection (2) of section 38 of the Interpretation Act,
1889(i), shall apply to that annulment as they apply to the repeal of an
Act of Parliament.
(4) In this article "Federal stock" means stock which forms the
whole or part of the public debt of the Federation and shall be deemed
to include stock which forms the whole or part of the public debt of a
Territory and with respect to which the Federal Legislature has enacted
such a law as aforesaid by virtue of authority conferred under para-
graph (2) of article 44 of this Constitution.
Power of 53--(1) Her Majesty in Council may by Order make for the
Her Majesty Federation such laws as appear to Her to be necessary for any of the
in Council to
make laws. following purposes-
(a) the defence of the Federation or any other part of Her Majesty's
dominions;
(b) the regulation of relations between the Federation and any country
outside the Federation or any international organisation, including
the discharge of the obligations of the Federation under any
agreement with such a country or organisation;
(c) securing or maintaining the financial stability of the Federation
in order to avoid the need for the provision of financial assistance
to the Federation by Her Majesty's Government in the United
Kingdom or in order to prevent the credit of the Federation from
being adversely affected.
(2) Except for the purpose of giving effect to any agreement to which
the Federal Government is a party-
(a) no law made in pursuaiice of paragraph (1) of this article shall
make provision for regulating the import of goods into or the
export of goods from the Federation; and
(h) 63 & 64 Vict. c. 62. (i) 52 & 53 Vict. c. 63.

(b) no such law, other than a law made for a purpose referred to
in sub-paragraph (c) of the said paragraph (1), shall impose any
charge on the revenues or assets of the Federation.
(3) If any law of the Federal Legislature or of the Legislature of any
Territory is inconsistent with any Order in Council made in pursuance
of this article, whether that law was made before or after the Order in
Council, then the Order in Council shall, to the extent of the incon-
sistency, prevail over the law of the Federal Legislature or of the
Legislature of the Territory, as the case may be.
(4) Her Majesty in Council may by Order amend or revoke any law
made in pursuance of this article.
(5) Upon the revocation or expiry of a law made in pursuance of
this article subsection (2) of section 38 of the Interpretation Act, 1889,
shall apply as if that law were an Act of Parliament which had then
been repealed by another such Act.

Extra-Territorial Legislation
54.-(1) Without prejudice to any other power vested in Her Majesty Powers to
in Council or any legislature to make for the Federation or any Terri- make laws
tory laws having extra-territorial operation, a law made by Her Majesty regulating
in Council under article 53 of this Constitution, a law of the Federal matters
Legislature or a law of the Legislature of any Territory may- outside the
(a) authorise the custody on any ship or aircraft to which this sub- Federation.
paragraph applies, while such ship or aircraft is outside the
Federation of any person who is being moved from any place in
the Federation to another place therein in pursuance of that law
or any other law;
(b) regulate fishing outside the territorial waters of the Federation by
vessels registered or licensed in the Federation; or
(c) regulate navigation and provide for the safety of shipping in such
areas as may be specified in any such law, being areas surrounding
installations erected on or attached to the continental shelf of any
Territory in connection with the exploration or exploitation of the
natural resources of that shelf.
(2) The ships and aircraft to which sub-paragraph (a) of paragraph (1)
of this article applies are ships and aircraft registered in the Federation
and Her Majesty's ships and aircraft belonging to the naval or air
forces of the United Kingdom or the Federation.

CHAPTER IV

THE FEDERAL EXECUTIVE"
Executive authority within the federation
55.-(1) The executive authority of the Federation shall be vested Exercise of
in Her Majesty. executive
authority of
(2) Subject to the provisions of this Constitution, the executive the
authority of the Federation may be exercised on behalf of Her Majesty Federation.
by the Governor-General, either directly or through officers subordinate
to him, but nothing in this paragraph shall prevent the Federal Legisla-
ture from conferring functions on persons or authorities other than the
Governor-General.

(3) In this Constitution, unless it is otherwise provided or required
by the context, references to the functions of the Governor-General shall
be construed as references to his powers and duties in the exercise
of the executive authority of the Federation and to any other powers
or duties conferred or imposed on him as Governor-General by or
under this Constitution or any other law.

Extent of 56.-(1) The executive authority of the Federation shall extend to
executive the execution and maintenance of this Constitution, to all matters with
authority respect to which the Federal Legislature has for the time being power to
of the
Federation. make laws, and to such external relations as may from time to time be
entrusted to the Federation by Her Majesty's Government in the United
Kingdom.
(2) Subject to the provisions of this Constitution, the executive
authority of each of the Territories shall continue in accordance with
the constitution of that Territory.

Delegation 57.-(1) The Governor-General may, with the consent of the Governor
of executive of a Territory, entrust either conditionally or unconditionally to that
audthorityof Governor or to any officer or authority of that Territory functions in
Relation to any matter to which the executive authority of the Federation
extends falling to be performed within that Territory.
(2) A law of the Federal Legislature may, notwithstanding that it
relates to a matter with respect to which the Legislature of a Territory
has not power to make laws, include provision conferring powers or
imposing duties, or authorising the conferring of powers or imposition
of duties, upon the Governor of a Territory or any officer or authority
of a Territory:
Provided that no such provision shall have effect in relation to
any Territory unless the Governor of that Territory has declared by
notice in the official Gazette of that Territory that he consents to its
having effect.

Delegation 58.-(1) The Governor of a Territory may, with the consent of the
of executive Governor-General, entrust either conditionally or unconditionally to
authority of the Governor-General or to any officer or authority of the Federation
a Territory. functions in relation to any matter to which the executive authority of
that Territory extends.
(2) A law of the Legislature of a Territory may, notwithstanding that
it relates to a matter with respect to which the Federal Legislature has
not power to make laws, include provision conferring powers or imposing
duties, or authorising the conferring of powers or imposition of duties,
upon the Governor-General or any officer or authority of the
Federation:
Provided that no such provision shall have effect unless the Governor-
General has declared by notice in the Gazette that he consents to its
having effect.

The Council of State
Establish- 59.-(1) There shall be a Council of State which shall be the principal
ment of instrument of policy for the Federation and, subject to the provisions
Council of this Constitution, shall advise the Governor-General in the exercise
of State. of his functions.

(2) Subject to article 66 of this Constitution, the Council of State
shall consist of a Prime Minister appointed in accordance with article
62, and ten other Ministers appointed in accordance with article 63, of
this Constitution.
60.-(1) In the exercise of his functions the Governor-General shall, Exercise of
subject to the following paragraphs of this article, act in accordance Governor
General's
with the advice of the Council of State. functions.
(2) The Governor-General shall not be required to obtain the advice
of the Council of State in any case in which, in his individual judgment,
the public interest requires that he should consult the Prime Minister
instead of the Council; but in any such case he shall, subject to para-
graph (4) of this article, act in accordance with the advice of the Prime
Minister.
(3) The Governor-General shall not be required to obtain the advice
of the Council of State in any case in which, in his individual judgment,
the urgency of the matter requires him to act before the Council can
be consulted or the question for decision is too unimportant to require
their advice; but in any such case of urgency he shall, as soon as
practicable, communicate to the Council the measures that he has
adopted and the reasons therefore.
(4) When the Governor-General has, in pursuance of this article,
obtained the advice of the Council of State or of the Prime Minister in
relation to any matter referred to in sub-paragraph (a), (b) or .(c) of
paragraph (1) of article 53 of this Constitution, he may act otherwise
than in accordance with that advice if, in his individual judgment, he
considers it necessary or expedient so to do:
Provided that he shall not so act without first obtaining the approval
of a Secretary of State unless, in his individual judgment, the urgency
of the matter requires him to act before such approval could be
obtained.
(5) This article shall not apply to the exercise by the Governor-
General of-
.(a) any function conferred on him by any law other than this
Constitution in terms which authorise him to exercise that function
otherwise than in accordance with the advice of the Council of
State;
(b) any function conferred on him by this Constitution that he is
empowered or required to exercise in his discretion or in accord-
ance with the advice or recommendation of any person or autho-
rity other than the Council of State; or
(c) the powers conferred upon him by paragraph (1) of article 38 and
paragraph (1) of article 64 of this Constitution.
(6) Nothing in this article shall be construed as preventing the
Governor-General from exercising his individual judgment in any case
where he is expressly authorised so to do by this Constitution.
61.-(1) The Governor-General may assign to any Minister respon- Allocation of
sibility for dealing with any business on behalf of the Federal portfolios.
Government:
Provided that-
(a) nothing in this article shall empower the Governor-General to
confer on any Minister authority to exercise any power or to
discharge any duty that is conferred or imposed by this Con-
stitution or by any other law on the Governor-General or on any
person or authority other than that Minister; and

(b) responsibility for the initiation, conduct and discontinuance of
criminal proceedings shall not be assigned to a Minister but shall
vest in the Attorney-General of the Federation.
(2) The power conferred upon the Governor-General by this article
shall be exercised in accordance with the advice of the Prime Minister:
Provided that the Governor-General shall not be obliged to assign to
any Minister responsibility for any business relating to-
(a) defence;
(b) the audit of the accounts of the Federation;
(c) the making of appointments (including appointments on pro-
motion or transfer) to offices in thepublic service of the Federation;
or
(d) the dismissal or disciplinary control of officers in that public
service.
Appointment 62.-(1) When the House of Representatives first meets after any
ot Prime general election and before it proceeds to the despatch of any other
Minister. business after the election of the Speaker and Deputy Speaker and the
taking of the oath or affirmation of allegiance by the members of the
House, the House shall elect from among its own members a person
for appointment as the Prime Minister of the Federation; and if the
office of Prime Minister falls vacant at any time before the Federal
Legislature is next dissolved the House shall as soon as practicable
again elect from among its own members a person for appointment to
that office:
Provided that a person who is a member of the Executive Council
or of the Legislature of any Territory shall not be qualified for election
under this paragraph.
(2) The Governor-General shall, by instrument under the public
seal, appoint as Prime Minister of the Federation any person whom
the House of Representatives elects for appointment under this article.
Appointment 63. The Ministers other than the Prime Minister shall be such persons
of other as the Governor-General may, in accordance with the advice of the
Ministers. Prime Minister, appoint by instrument under the public seal:

Provided that-
(a) not less than three of the Ministers shall be persons who are
members of the Senate and the remainder shall be persons who are
members of the House of Representatives ; and
(b) a person who is a member of the Executive Council or of the
Legislature of any Territory shall not be qualified for appointment
as a Minister.
Tenure of 64.-(1) Subject to the following paragraphs of this article, every
office of Minister shall hold office during the pleasure of the Governor-General.
Ministers.
(2) When, under article 62 of this Constitution, the House of Repre-
sentatives elects any person for appointment as Prime Minister, every
office of Minister (including the office of Prime Minister) which is not
then vacant shall thereupon become vacant.
(3) A Minister shall vacate his office-
(a) if he resigns his office by writing under his hand addressed to the
Governor-General :

(b) in the case of a Minister who is a member of the Senate at the
date of his appointment as a Minister, if he ceases to be a member
of the Senate; or
(c) in the case of a Minister who is a member of the House of Repre-
sentatives at the date of his appointment as a Minister, if he ceases
to be a member of the House for any reason other than a dissolu-
tion of the Federal Legislature.

65.-(1) Whenever the office of Prime Minister is vacant or the Prime Performance
Minister is ill or is absent from the Federation, the Governor-General of functions
may, by instrument under the public seal, appoint one of the other of Prime
Ministers (not being a member of the Senate) to perform the functions certain
conferred on the Prime Minister by this Constitution (other than the events.
function conferred by paragraph (3) of this article); and any Minister
so appointed may, during the subsistence of his appointment, perform
those functions.
(2) The Governor-General may, by instrument under the public seal,
revoke any appointment made under this article.
(3) The powers conferred upon the Governor-General by this article
shall be exercised by the Governor-General acting in his discretion-
(a) if the office of Prime Minister is vacant; or
(b) if, in the Governor-General's individual judgment, it is imprac-
ticable to obtain the advice of the Prime Minister owing to his ill-
ness or absence,
and in any other case shall be exercised by the Governor-General in
accordance with the advice of the Prime Minister.

66.-(1) Whenever a Minister is, by reason of his illness or his Temporary
absence from the Federation, unable to perform the functions of his members of
Council of
office, the Governor-General may, by instrument under the public seal, Sta l e.
appoint a person to be temporarily a member of the Council of State:
Provided that the person so appointed shall be a member of the same
chamber of the Federal Legislature as the Minister on account of whose
inability to perform his functions he is appointed.
(2) Articles 61 and 64 of this Constitution shall apply in relation to
a person appointed under this article to be temporarily a member of the
Council of State as they apply in relation to a Minister.
(3) Subject to paragraph (2) of this article, a person appointed under
this article to be temporarily a member of the Council of State shall
hold office until he is notified by the Governor-General that the Minister
on account of whose inability to perform his functions he was appointed
is again able to perform his functions or the office of that Minister
becomes vacant.
(4) The powers conferred on the Governor-General by this article
shall be exercised by him in accordance with the advice of the Prime
Minister.

67. Before entering upon the functions of his office, every member Official oath
of members
of the Council of State shall make and subscribe before the Governor- ofCouncil.
General, or some other person authorised in that behalf by the
Governor-General, an oath or affirmation for the due execution of that
office in the form set out in the First Schedule to this Constitution.
43

Summoning 68. The Council of State shall not be summoned except by the
of Council authority of the Governor-General, acting in his discretion:
of State.
Provided that the Governor-General shall summon the Council if
the Prime Minister so recommends.
Certain 69.--(1) The Governor-General shall, by writing under his hand,
Officers may nominate for the purposes of this article three persons who hold
attend office in the public service of the Federation, and the persons so
meetings
of Council. nominated shall have the. right to attend any meeting of the Council
of State and to take part in the discussions at that meeting.
(2) Any of the said persons may be. nominated either by name or by
reference to the office in the public service held by him; and the
Governor-General may, by writing under his hand, from time to time
revoke the nomination of any person under this article and nominate
another person in his place.
(3) The powers conferred upon the Governor-General by this article
shall be exercised by him in his discretion.
Proceedings 70.-(1) The Governor-General shall, so far as is practicable, attend
in Council and preside at meetings of the Council of State.
of State.
(2) In the absence of the Governor-General there shall preside at
any meeting of the Council of State either the Prime Minister or, in
the absence of the Prime Minister, such Minister as the Governor-
General, in accordance with the advice of the Prime Minister, may
appoint.
(3) No business shall be transacted at any meeting of the Council of
State if there are less than four members of the Council present at the
meeting and the Governor-General or any member of the Council
present at the meeting has objected to the transaction of business on
that account.
(4) Subject to paragraph (3) of this article, the Council of State shall
not be disqualified for the transaction of business by reason of any
vacancy in the membership of the Council (including any vacancy not
filled when the Council is first constituted or is reconstituted at any time)
and the validity of the transaction of business in the Council shall not
be affected by reason only of the fact that some person who was not
entitled so to do took part in those proceedings.
Advice of 71. Where the Governor-General is required to exercise any function
Council or in accordance with the advice of the Council of State or of the Prime
Pr ne t Minister, the question whether any, and if so what, advice has been
Minister not
to be tendered to the Governor-General by the Council of State or the
enquired into Prime Minister, as the case may. be, shall not be enquired into in
by courts, any court.
CHAPTER V
JUDICIAL POWERS
Jurisdiction in Federal matters
Enforcement 72. Subject to the provisions of articles 80 and 81 of this Constitution
laws by with respect to the jurisdiction of the Federal Supreme Court, juris-
courts of diction in civil and criminal proceedings arising under this Constitution
Territories. or any law of the Federal Legislature shall, except as may be otherwise
provided by a law of that Legislature, vest in and be exercisable by
the courts of any Territory as if this Constitution or such law were a
law of the Legislature of that Territory.
44

The Federal Supreme Court
73.-1) There shall be a Federal Supreme Court for the Federation Establish-
and, subject to article 77 of this Constitution, the judges of the Federal ment of
Supreme Court shall be a Chief Justice and three Federal Justices or SupFeme
such greater number as may be prescribed by any law of the Federal Court.
Legislature.
(2) The Federal Supreme Court shall be a superior court of record,
and when exercising jurisdiction conferred on it by or under this'Con-
stitution shall sit in such places in the Federation as the Chief Justice of
the Federation may, with the approval of the Governor-General, appoint.
(3) The Chief Justice of the Federation shall be President of the
Federal Supreme Court and shall take precedence of all other judges of
that court, and the seniority of the other judges of that court shall be
determined in accordance with such directions as may be given by the
Governor-General, acting in his discretion.
(4) The Federal Supreme Court shall be deemed to be duly con-
stituted notwithstanding any vacancy in the office of any judge of that
Court (including any vacancy not filled when this Constitution or any
law such as is referred to in paragraph (1) of this article comes into
force).
74.-(1) The Chief Justice of the Federation and the Federal Justices Appointment
shall be appointed by the Governor-General, acting in his discretion of judges.
after consultation with the Prime 'Minister, by instrument under the
public seal:
Provided that the first Chief Justice of the Federation shall be
appointed by the Governor-General in accordance with such instructions
as may be given to him by Her Majesty through a Secretary of State.
(2) A person shall not be qualified to be appointed as the Chief Justice
of the Federation or as a Federal Justice unless-
(a) he is or has been a judge of a court having unlimited jurisdiction
in civil and criminal matters in some part of Her Majesty's
dominions; or
(b) he has been in practice as an advocate for a period of, or periods
amounting in the aggregate to, not less than fifteen years in stich
a court or courts.
(3) For the purposes of paragraph (2) of this article, a person shall
be deemed to be in practice as an advocate in a court having unlimited
jurisdiction in civil and criminal matters in some part of Her Majesty's
dominions during any period when he is serving in-
(a) the office of Attorney-General or Solicitor-General of that part of
Her Majesty's dominions, or
(b) any other office under the Government of that part of Her
Majesty's dominions the functions of which include the conducting,
as an advocate, of proceedings in such a court on behalf of that
Government.
75.-(1) Subject to the provisions of paragraphs (2) and (3) of this Tenure of
article, the Chief Justice of the Federation and each Federal Justice office of
shall hold office until he attains the age of sixty-five years: judges.
Provided that the Governor-General, acting in his discretion, may
permit a judge who has attained that age to continue in office for a
further period not exceeding two years.
45

(2) The Chief Justice of the Federation or a Federal Justice may at
any time resign his office by writing under his hand addressed to the
Governor-General.
(3) The Chief Justice of the Federation or a Federal Justice may be
removed from office by the Governor-General by order under the public
seal but shall not be so removed except for inability or misbehaviour
and unless-
(a) the question of his removal from office has, at the request of the
Governor-General, been referred by Her Majesty to the Judicial
Committee of Her Majesty's Privy Council under section 4 of the
Judicial Committee Act, 1833(j); and
(b) the Governor-General has been notified that the Judicial Com-
mittee has advised Her Majesty that he ought to be removed from
office.

(4) If the Governor-General has requested that the question of
removing any judge of the Federal Supreme Court from office be referred
to the Judicial Committee, he may suspend that judge from performing
the functions of his office.
(5) The Governor-General may at any time revoke the suspension of
a judge of the Federal Supreme Court, and.any such suspension shall
in any case cease to have effect-
(a) if the Governor-General withdraws the request for reference to
the Judicial Committee of the question of removing the judge from
office; or
(b) if the Judicial Committee has advised Her Majesty that the
judge ought not to be removed from office and the Governor-
General has been notified accordingly.
(6) The powers conferred upon the Governor-General by paragraphs
(3), (4) and (5) of this article shall be exercised in his discretion after
consultation with the Prime Minister.

Acting Chief 76. If the office of Chief Justice of the Federation is vacant, or if
Justice. the Chief Justice of the Federation is for any reason unable to perform
the functions of his office, then, until some other person has been
appointed to and has assumed the functions of that office or, as the
case may be, until the Chief Justice has resumed those functions, those
functions shall be performed by such one of the other judges of the
Federal Supreme Court as the Governor-General, acting in his discretion
after consultation with the Prime Minister, may appoint for that purpose.

Acting 77.-(1) If the office of any Federal Justice is vacant or if any
Federal Federal Justice is for any reason unable to perform the functions of his
Justice. office, the Governor-General, acting in his discretion after consultation
with the Prime Minister, may appoint a person qualified for appointment
as a Federal Justice to be temporarily a judge of the Federal Supreme
Court:
Provided that a person may be so appointed notwithstanding that he
has attained the age of sixty-five years.
(j) 3 & 4 Will. 4. c. 41.

(2) Any person appointed under this article to be temporarily a judge
of the Federal Supreme Court shall hold office until his appointment
is revoked by the Governor-General, acting in his discretion after con-
sultation with the Chief Justice of the Federation:
Provided that he may at any time resign his office by writing under
his hand addressed to the Governor-General.
78. Before entering upon. the functions of his office, every judge of Oaths to he
the Federal Supreme Court shall make and subscribe before the taken by
Governor-General, or some other person authorised by the Governor- judges.
General in that behalf, oaths or affirmations of allegiance and for the
due execution of his office in the forms set out in the First Schedule to
this Constitution.

79. There shall be charged on the revenues of the Federation and Salaries of
paid thereout to the Chief Justice of the Federation, to any Federal judges.
Justice and to any person appointed to be temporarily a judge of the
Federal Supreme Court such salaries and allowances as may be
respectively prescribed by any law of the Federal Legislature:
Provided that the salary of the Chief Justice or of any other judge
shall not be reduced during his continuance in office.

Jurisdiction of the Federal Supreme Court
80.-(1) The Federal Supreme Court shall, to the exclusion of any Exclusive
other court, have original jurisdiction- jurisdiction
in certain
(a) in proceedings between the Federation and a Territory or matters.
between one Territory and another Territory;
(b) in any proceedings in which a writ or order of mandamus or
prohibition or an injunction is sought by the Federation against
an officer or authority of a Territory or by a Territory against an
officer or authority of the Federation; and
(c) in any suit for a penalty under article 113 of this Constitution.
(2) In this article references to the Federation or a Territory include
references to a person suing or being sued on behalf of the Federation or
a Territory, as the case may be.
81.-(1) The Federal Supreme Court shall, to the exclusion of any Exclusive
other court, have original jurisdiction to determine any question as to jurisdiction
the interpretation of this Constitution which is referred to it under the questions
following paragraphs of this article, as to inter-
pretation of
(2) If any question as to the interpretation of this Constitution arises Constitution
in any proceedings in a superior court of a Territory, that court may, referred to
if it sees fit, refer that question to the Federal Supreme Court. court.
(3) If any question as to the interpretation of this Constitution arises
in any proceedings in any other court of a Territory, the person
presiding in that court may apply to a superior court of that Territory
for an order of that court referring that question to the Federal Supreme
Court, and the superior court may, as it sees fit, either make the order
or refuse it.
(4) If any party to the proceedings referred to in paragraph (3) of
this article requests that the person presiding in the court shall make
such an application as is so referred to, then, unless in his opinion
the request is frivolous or vexatious, that person shall do so.

Power for 82. Provision conferring upon the Federal Supreme Court jurisdiction
Federation other than appellate jurisdiction, in addition to that conferred by
or Territory
toconfer articles 80 and 81 of this Constitution, may be made by a law of the
additional Federal Legislature or of the Legislature of a Territory with respect to
original any matter within the legislative competence, whether exclusive or
jurisdiction, concurrent, of the Legislature by which the law is made:
Provided that the Federal Supreme Court shall not exercise any
jurisdiction conferred upon it by a law of the Legislature of a Territory
unless the 'Governor-General has, by Proclamation, given notice that
both chambers of the Federal Legislature have, by resolution, approved
the conferment of that jurisdiction.
Power for 83.-(1) Subject to paragraph (2) of this article, the Federal Supreme
Federation Court shall have such jurisdiction to hear and determine appeals (includ-
to confer
appellate ing reserved questions of law and cases stated) from any superior court
jurisdiction, of a Territory, and, in connection with such appeals, such powers and
authorities, as may be conferred upon it by any law of the Federal
Legislature, and any such law may provide that any jurisdiction so
conferred shall, to such extent as may be specified in the law, be to the
exclusion of the jurisdiction of any other court in the Federation:
Provided that as respects any matter not included in the Exclusive
Legislative List or the Concurrent Legislative List the Federal Supreme
Court shall not have jurisdiction in any case in which it is provided
by a law of the Legislature of a Territory that the decision of a superior
court of that Territory is to be final.
(2) Where a superior court of a Territory has jurisdiction to hear
and determine appeals in criminal matters from another superior court
of that Territory, then any law of the Federal Legislature that confers
on the Federal Supreme Court jurisdiction to hear and determine appeals
in criminal matters from that other superior court shall, to the extent
that it confers that jurisdiction, not have effect unless and until the
Governor of that Territory has given notice that the legislative chamber
of that Territory has, or in the case of a Territory having two legislative
chambers, that both of those chambers have, by resolution, approved'
the conferment of that jurisdiction.
(3) The Federal Supreme Court shall have such jurisdiction to hear
and determine appeals from a single judge of the Federal Supreme-
Court exercising the original jurisdiction of that Court and from any
other Federal court, and, in connection with such appeals, such powers:
and authorities, as may be conferred upon it by any law of the Federal
Legislature.
Enforcement 84.-(1) All authorities throughout the Federation shall act in aid
of orders of of the Federal Supreme Court, and any judgment, decree, order or
Federal sentence of the Federal Supreme Court given in exercise of jurisdiction
SCuret conferred on it by or under this Constitution shall be enforced by all
courts and authorities in any of the Territories as if it were a judgment,
decree, order or sentence of a superior court of that Territory.
(2) Subject to any law of the Federal Legislature, the Federal Supreme
Court shall, in connection with any jurisdiction conferred on it by or
under this Constitution, have power to make any order for the purpose
of securing the attendance of any person, the discovery or production
of any document, or the investigation or punishment of any contempt
of court that any superior court of a Territory has power to make as
respects the area within its jurisdiction.

85.-(1) (a) Subject to the provisions of this article, the Chief Justice Practice and
of the Federation and any two other judges of the Federal Supreme procedure
Court selected by him may make rules of court for regulating the Supreme
practice and procedure of the Federal Supreme Court. in exercise of Court.
jurisdiction conferred upon it by or under this Constitution and, in
relation to appeals brought or questions of law referred to the Federal
Supreme Court by virtue of this Constitution, the practice and proce-
dure of any court from which such appeals are brought or by which
such references are made.
(b) Without prejudice to the generality of sub-paragraph (a) of this
paragraph rules of court may be made for the following purposes:-
(i) for regulating the sittings of the Federal Supreme Court and the
selection of judges for any purpose ;
(ii) for regulating the right of practising in the Federal Supreme
Court and the representation of persons concerned in any pro-
ceedings in the Court;
(iii) for prescribing cases in which, and conditions upon which, an
appellant in a criminal appeal to the Federal Supreme Court shall
be entitled to be present at the hearing of the appeal;
(iv) for providing for the summary determination of any appeal
which appears to the Federal Supreme Court to be frivolous or
vexatious or to be brought for the purpose of delay;
(v) for prescribing forms and fees in respect of proceedings in the
Federal Supreme Court and regulating the costs of and incidental
to any such proceedings;
(vi) for prescribing and regulating the powers and duties of officers
of the Federal Supreme Court;
(vii) for prescribing, in the case of any Territory where there is
more than one superior court, the superior court to which any
application under paragraph (3) of article 81 of this Constitution
shall be made from any particular court ;,and
(viii) for prescribing the time within which any requirement of the
rules is to be complied with.
(2) Rules of court made under this article may provide that such
determinations of the Supreme Court of the Windward Islands and
Leeward Islands as may be specified in the rules shall or shall not be
deemed for the purposes of paragraph (2) of article 83 of this Constitu-
tion to have been made by that Court in exercise of its jurisdiction in
any Territory within the Windward Islands or the Leeward Islands so
specified.
(3) Rules of court made under this article may fix the number of
judges of the Federal Supreme Court who are to sit for any purpose,
so, however, that in exercise of the appellate jurisdiction of the Court
or of the jurisdiction conferred on the Court by article 81 of this
Constitution, no matter shall be finally determined by less than three
judges.
(4) (a) The Federal Legislature may by law make provision for
any matters in respect of which rules of court may be made under this
article.
(b) If any rule of court made under this article is inconsistent with
a law made under this paragraph, the law shall, to the extent of the
inconsistency, prevail over the rule of court.

(5) Unless it is otherwise provided by any law of the Federal Legis-
lature, any final determination of the Federal Supreme Court made in
exercise of jurisdiction conferred on it by or under this Constitution
shall be delivered in open court and, when more than one judge is
sitting, shall require the concurrence of a majority of the judges present
at the hearing of the matter.
Federal 86. The Federal Legislature may by law confer upon the Federal
Legislature Supreme Court such additional or supplemental powers as may appear
additional to that Legislature necessary or desirable and be consistent with this
powers. Constitution for enabling the Court more effectively to exercise any
jurisdiction conferred upon it by this Constitution or by any other law.

Appeals to Her Majesty in Council from the Federal Supreme Court
and superior courts of Territories
Appeals to 87. The Federal Legislature may by law confer a right of appeal
HerMajesty to Her Majesty in Council from determinations of the Federal Supreme
from Court made in exercise of jurisdiction conferred on it by or under this
Federal Constitution in such cases and subject to such conditions as may be
Supreme prescribed by or under any such law, but save as provided by any such
Court. law there shall be no right of appeal to Her Majesty in Council from
any such determination of the Federal Supreme Court.

Appeals to 88.-(1) There shall be no right of appeal direct to Her Majesty in
Her Majesty Council from a determination of a superior court of a Territory except
in Council with the leave of the Federal Supreme Court, which shall be granted
from
superior only in such circumstances as the Federal Legislature may by law
court of prescribe.
Territory.
ory (2) The provisions of this article shall not affect any appeal from
a superior court of a Territory to Her Majesty in Council for which
leave, either conditional or final, has been granted by that superior
court before the date on which this article comes into force.

Appeals to 89. For the avoidance of doubt it is hereby declared that nothing in
Her Majesty the two last foregoing articles shall be construed as purporting to
in Council impair any right which Her Majesty in Council may be pleased to
with special
leave.a exercise to grant special leave to appeal to Her Majesty in Council from
the Federal Supreme Court or from a superior court of any Territory.

Federal Courts other than the Federal Supreme Court
Power for 90. Subject to the provisions of articles 80 and 81 of this Constitution
Federation with respect to the jurisdiction of the Federal Supreme Court, the
to establish Federal Legislature may by law establish courts other than the Federal
courts other
than the Supreme Court and may provide for the constitution, jurisdiction and
Federal powers of any such courts:
Supreme
Court. Provided that any court so established shall not, as respects any
Territory, exercise any jurisdiction conferred upon it with respect to
any matter within the exclusive legislative competence of that Terri-
tory unless the Governor of that Territory has declared by notice in
the official Gazette of the Territory that he consents to the exercise
of that jurisdiction by that court.

CHAPTER VI
FINANCE
91.-(1) In this Chapter- Interpreta-
"the first five financial years" means the five consecutive periods ton.
of twelve months immediately following the thirty-first day of
December, 1957;
"scheduled commodity" means a commodity specified in the first
column of the Fourth Schedule to this Constitution; and
"scheduled rate" means, in relation to a scheduled commodity, the
rate specified in the second column of the Fourth Schedule to this
Constitution opposite the name of that commodity.
(2) For the purposes of this Chapter the proceeds of a duty for any
financial year shall be the amount remaining from the receipts from that
duty that are collected in that year after the cost of collecting those
receipts has been deducted and after any drawbacks, refunds or other
repayments relating to those receipts have been made or allowed for.
92.-(1) Save as expressly provided by this Constitution no moneys Authorisa-
shall be withdrawn from the public funds of the Federation except under tion of
appropriation by a law of the Federal Legislature: expenditure.
Provided that the Federal Legislature may by law make provision
for making moneys available in advance of appropriation by that
Legislature for the purpose of meeting unforeseen expenditure or to
cover any period not exceeding four months between the end of a
financial year and the coming into force of the law authorising the
appropriation for the next following year.
(2) Unless a law of the Federal Legislature otherwise provides, the
financial year of the Federation shall be a year beginning on the first
day of January and ending on the thirty-first day of December.
93.-(1) The Governments of the Territories shall, in respect of Payments by
each of the first five financial years, together pay to the Federal Govern- Territories
ment for the purposes of that Government such sum or sums as the to the
Federation
Governor-General may demand from the Territories in respect of that during first
year: five financial
Provided that- years.
(i) the total amount demanded from the Territories in respect of any
year shall not exceed nine million one hundred and twenty thousand
Dollars; and
.(ii) the Government of each Territory shall pay the proportion of
that amount that is specified opposite the name of that Territory
in the Fifth Schedule to this Constitution.
(2) Any sum that is required by virtue of this article to be paid by
the Governments of the Territories to the Federal Government shall
be paid on or before such date as the Governor-General may direct:
Provided that the Governments of the Territories shall not be required
to make any such payment before the beginning of the year in respect
of which the payment is made.
94.-(1) If, in respect of any of the first five financial years, any Repayment
revenues (in this article referred to as "customs and excise revenues ") by the
accrue to the Federal Government from customs and excise duties levied Federation to
under any law of the Federal Legislature on scheduled commodities and ner tin
events.

the amount of those customs and excise revenues, taken together with
the amount (if any) paid to the Federal Government in respect of that
year under the last foregoing article, exceeds the sum of nine million
one hundred and twenty thousand dollars, then the Federal Government
shall pay to the Governments of the Territories a sum equal to the
amount of that excess so that the Government of each Territory shall
receive a share of the said sum proportionate to the amount of those
customs and excise revenues that was derived from that Territory.
(2) For the purposes of this article the revenues accruing to the Federal
Government in respect of any year from customs and excise duties levied
under any law of the Federal Legislature on scheduled commodities
shall be the aggregate amount of the proceeds for that year of all such
duties reduced by the amount of any sum or sums required to be paid
by the Federal Government to the Governments of the Territories in
respect of those proceeds under paragraph (1) of the next following
article.
Payments by 95.-(1) If in any of the first five financial years any customs or
the Federa- excise duty is levied under any law of the Federal Legislature on any
tion to Terri-
toriesifcert- scheduled commodity at a rate higher than the scheduled rate, the
ain duties are Federal Government shall pay to the Governments of the Territories
levied by the a sum equal to the amount of the proceeds of the duty for that year
Federation. that is attributable to the fact that the duty was levied at a rate higher
than the scheduled rate so that the Government of each Territory shall
receive a share of the said sum proportionate to the amount of the
proceeds of the duty for that year that was derived from that Territory.
(2) If in any financial year any customs or excise duty is levied
under any law of the Federal Legislature on any commodity other
than a scheduled commodity, the Federal Government shall pay to the
Governments of the Territories a sum equal to the amount of the
proceeds of the duty for that year so that the Government of each
Territory shall receive a share of the said sum equal to the amount of
the proceeds of the duty for that year that was .derived from that
Territory.
Payments to 96.-(1) If, under any law made in pursuance of paragraph (1) of
Territories article 53 of this Constitution, any revenues (in this article referred to
Sertaisom as "special revenues") are raised in respect of any of the first five
revenues financial years for a purpose referred to in sub-paragraph (c) of that
raised paragraph and the amount of those special revenues, taken together
under a with the amount of the federal revenues for that year, exceeds the
law made sum of nine million one hundred and twenty thousand dollars, then
article 53. there shall be paid to the Governments of the Territories from the
proceeds of those special revenues a sum equal to the amount of that
excess so that the Government of each Territory shall receive a share
of the said sum proportionate to the amount of those special revenues
that was derived from that Territory.
(2) In this article the expression "federal revenues means in relation
to any year the aggregate of-
(a) the amount paid to the Federal Government in respect of that
year under article 93 of this Constitution; and
(b) the proceeds for that year of any custom or excise duties levied
under any law of the Federal Legislature reduced by the amount
of any sums required to be paid by the Federal Government to the
Government of the Territories in respect of that year under the
last two foregoing articles.

97. If, by virtue of any law of the Federal Legislature, the Federal Postal
Government becomes entitled for the first time to the revenues arising revenues.
in any Territory from postal services then, during a period of five years
beginning with the date when the Federal Government becomes entitled
to those revenues, the Federal Government shall (so long as it continues
to be so entitled) pay in each year to the Government of that Territory,
if that Government so requires, a sum equal in amount to the average
annual profits that accrued to that Government from postal services
during the period of five years immediately preceding the date aforesaid.
98.--(1) In respect of each financial year beginning after the thirty- Payments
first day of December, 1957- relating to
(a) the Government of Jamaica shall pay to the Federal Govern- funds and
ment a sum equal to the sum (if any) that is transferred in that accounts.
year to the general revenue of Jamaica from the Government
Currency Note Income Account or the Note Security Fund under
sub-paragraph (iii) of paragraph (4) of section 7 of the Currency
Notes Law of Jamaica; and
(b) the Government of every other Territory shall pay to the Federal
Government a sum equal to the sum (if any) that is paid in
that year to that Government from the British Caribbean Terri-
tories (Eastern Group) (Currency Surplus) Account under para-
graph (4) of article 5 of the Agreement contained in the First
Schedule to the Currency Act or Ordinance of that Territory or
that would be so paid to that Government if that Government
demanded payment under that paragraph.
(2) In respect of each financial year as aforesaid, the Federal Govern-
ment shall pay-
(a) to the Government of Jamaica, a sum equal to the sum (if any)
that is paid in that year from the general revenue of Jamaica to
meet any deficiency in the Government Currency Note Income
Account under sub-paragraph (iii) of paragraph (4) of section 7
of the Currency Notes Law of Jamaica ; and
(b) to the Government of every other Territory, a sum equal to the
sum (if any) that is paid in that year from the revenue of that
Government to meet any deficiency in the Currency Fund Income
Account or in the Currency Fund under paragraph (3) of article 4
or under article 6 of the Agreement contained in the First Schedule
to the Currency Act or Ordinance of that-Territory.
(3) Nothing in this article shall prejudice the power of the Federal
Legislature or of the Legislature of any Territory to make laws with
respect to currency:
Provided that no law of the Legislature of a Territory with respect
to currency that is enacted after the date on which this Constitution
comes into force shall have effect unless the Governor-General has
declared by notice in the Gazette that he consents to its having effect.
(4) In this article "financial year" means, in relation to any pay-
ment that is to be made by or to the Government of a Territory, a
financial year of that Territory.
99. Any payments that are required by virtue of this Chapter to be Sumscharged
made by the Federal Government to the Government of a Territory onrevenues.
or by the Government of a Territory to the Federal Government are
hereby charged on the revenues of the Federation or of that Territory,
as the case may be.

Time for 100. Any sum that is required by virtue of this Chapter to be paid
payment of by the Federal Government to the Government of a Territory, or that
certain sums
by or to is required by virtue of paragraph (1) of article 98 of this Constitution
Federal to be paid by the Government of a Territory to the Federal Govern-
Government. ment, in respect of any year shall be paid before the end of the first
quarter of the next succeeding year unless either-
(a) the Governor-General and the Governor of that Territory agree
that the sum shall be paid on or before some later date, in which
case it shall be paid on or before that date; or
(b) the amount of the sum is not ascertained in time to permit the
payment thereof to be made before the end of that quarter, in
which case the sum shall be paid on or before such later date as
may be agreed between the Governor-General and the Governor
of that Territory.

Regulations. 101. The Governor-General may by regulations make provision for-
(a) determining, for the purposes of article 94 of this Constitution,
what amount of any customs and excise revenues accruing to the
Federal Government in respect of any financial year was derived
from any Territory ;
(b) determining, for the purposes of paragraphs (1) and (2) of article
95 of this Constitution, what amount of the proceeds for any finan-
cial year of any duty was derived from any Territory;
(c) determining, for the purposes of paragraph (1) of article 95 of
this Constitution, what amount of the proceeds for any financial
year of any duty levied on a scheduled commodity was attributable
to the fact that that duty was levied at a rate higher than the
scheduled rate; and
(d) determining, for the purposes of article 96 of this Constitution,
what amount of any special revenues raised in respect of any finan-
cial year was derived from any Territory.

CHAPTER VII
THE FEDERAL PUBLIC SERVICE
Public 102.-(1) There shall be for the Federation a Public Service Commis-
Service sion (in this Chapter referred to as "the Commission "), which shall
Commission. consist of a Chairman and such number of other members, not being
less than two nor more than four, as the Governor-General acting in
his discretion may from time to time decide.
(2) The members of the Commission shall be appointed by the
Governor-General acting in his discretion by writing under his hand.
(3) No person shall be appointed as a member of the Commission
if he is a member of the Senate, the House of Representatives or the
Legislature of any Territory.
(4) A member of the Commission shall hold office for a term of
three years, but he shall vacate his office before the end of that term
if-
(a) the Governor-General, acting in his discretion, revokes his
appointment thereto by writing under his hand;

(b) he resigns his office by writing und r his hand addressed to the
Governor-General; or
(c) he becomes a member of the Senate, the House of Representatives
or the Legislature of any Territory.
(5) There shall be charged on the revenues of the Federation and
paid thereout to the members of the Commission such salaries and
allowances as may be prescribed by any law of the Federal Legislature:
Provided that the salary of any member of the Commission shall
not be reduced during his continuance in office.
(6) The Governor-General, acting in his discretion, may grant leave
from his duties to any member of the Commission, and may appoint
a person to be a temporary member of the Commission for the period
of such leave; and, subject to the foregoing provisions of this para-
graph, the provisions of paragraphs (3), (4) and (5) of this article shall
apply in relation to such a temporary member as they apply in relation
to any other member of the Commission.
103.-(1) Power to make appointments to offices in the public service Appointment
of the Federation (including appointments on promotion and transfer) etc. of
and to dismiss and to exercise disciplinary control over officers in that Federal
service shall vest in the Governor-General. fpubfi
(2) In the exercise of the powers vested in him by paragraph (1) of
this article the Governor-General shall act in his discretion but after
consultation with the Commission:
Provided that-
(a) the Governor-General shall not be obliged to consult the Com-
mission in the exercise of those powers in relation to the offices
referred to in paragraph (2) of article 5 of this Constitution, or, if
there shall be established an office of Federal Secretary or of
Auditor-General for the Federation, that office; and .
(b) the Governor-General shall consult the Prime Minister instead of
the Commission in the exercise of those powers in relation to any
office the holder of which is a representative of the Federation in
any country outside the Federation.
(3) The Governor-General, acting in his discretion, may by regulations
delegate to the Commission or to any public officer of the Federation
any of the powers vested in the Governor-General by paragraph (1)
of this article other than powers in the exercise of which he is not
obliged to consult the Commission.
(4) Regulations made under paragraph (3) of this article may impose
conditions on the exercise of any power delegated by such regulations
and, in the case of any power delegated to a public officer of the Federa-
tion, may require that officer to consult the Commission in the exercise
of that power or permit him to exercise that power without consulting
the Commission.
104. The Governor-General, acting in his discretion after consultation Regulations
with the Commission, may make regulations for all or any of the regarding
following matters- Commission.
(a) the organisation of the work of the Commission and the manner
in which the Commission shall perform its functions;
(b) consultation by the Commission with persons other than mem-
bers of the Commission;

(c) the appointment, tenure of office and terms of service of staff
to assist the Commission in the performance of its functions;
(d) the delegation to any member of the Commission of any of the
functions of the Commission.
Interpre- 105. In this Chapter references to offices in the public service of
station. the Federation do not include references to the office of a judge of
any Federal Court and references to public officers of the Federation
do not include references to such a judge.

CHAPTER VIII
TRANSITIONAL PROVISIONS
Provision 106. Until the Federal Legislature by law otherwise provides, para-
regarding graphs (h) and (j) of article 21 of this Constitution shall have effect in
qual tions relation to the election in any Territory of a member of the House of
for Representatives as if the references in those paragraphs to the House of
membership Representatives and to any law of the Federal Legislature were
of House of references, respectively, to the legislative chamber of that Territory (or,
tvresenta- in the case of a Territory having two legislative chambers, to either
of those chambers) and to any law of or relating to the Legislature of
that Territory.
First 107.-(1) Notwithstanding articles 17 and 18 of this Constitution, for
elections to the purposes of the first general election of members to the House of
the House of
Representa- Representatives and, until the Federal Legislature by law otherwise pro-
tives. vides, for the purposes of any subsequent election of members to that
House-
(a) the qualifications and disqualifications of persons for registration
as electors and for voting at elections, and
(b) the: matters for which the Federal Legislature is empowered to
make provision by article 18 of this Constitution,
shall be governed as respects any Territory by the laws which, imme-
diately before the date when this Constitution comes into force, govern
such matters in relation to the election of members to the Legislature of
that Territory; and any such laws shall apply in relation to the election
of members to the House of Representatives with such modifications
and adaptations as the Governor of the Territory concerned may by
regulation make therein for that purpose.
(2) Notwithstanding paragraph (2) of article 19 of this Constitution,
for the purposes of the first general election of members to the House
of Representatives and, until the Legislature of the Territory by law
otherwise provides, for the purposes of any subsequent election of
members to that House, each Territory other than Montserrat shall be
divided into such electoral areas, and each of those electoral areas shall
return such number of the members of the House of Representatives
who are to be elected in that Territory, as may be prescribed by regula-
tions made by the Governor of that Territory:
Provided that any Territory which has not been so divided into
electoral areas before the first day of December, 1957, shall, for the
purposes of the first general election of members to the House of Repre-
sentatives and, until the Legislature of that Territory by law otherwise
provides, for the purposes of any subsequent election of members to that

House, form a single electoral area which shall return both or all of
the members of the House of Representatives who are to be elected
in that Territory.
(3) (a) Any regulations made under this article shall be published
in the official Gazette of the Territory to which they relate and. shall
not come into force until they have been so published.
(b) No regulations shall be made under paragraph (2) of this
article unless a draft thereof has been laid for a period of thirty
days before the legislative chamber or, in the case of a Territory
having two legislative chambers, before each legislative chamber, of
the Territory to which the draft regulations relate; and if within that
period the chamber or, where there are two chambers, either chamber,
resolves that the regulations be not made no further proceedings shall
be taken thereon, but without prejudice to the laying as aforesaid of
a new draft.
(c) No regulations shall be made under paragraph (1) of this article
after the House of Representatives first meets following the date when
this Constitution comes into force, and no regulations shall be made
under paragraph (2) of this article after the thirtieth day of November,
1957.
(d) In reckoning for the purposes of sub-paragraph (b) of this para-
graph any period of thirty days, no account shall be taken of any
time during which the legislative chamber concerned is dissolved or
prorogued.
108. The Governor-General shall make and cause to be laid before First
the Senate and the House of Representatives respectively when they first Standing
meet such Standing Orders with respect to the matters mentioned in Orders.
article 26 of this Constitution as appear to him expedient to enable the
Senate and the House of Representatives to commence the transaction
of their business in an orderly manner, but any such Orders may be
amended or revoked by the chamber to which they relate.
109. If this Constitution comes into force before the first day of Payments by
January, 1958, article 93 of this Constitution shall apply in relation to Territories
the period beginning on the date when this Constitution comes into to
Federation
force and ending on the thirty-first day of December, 1957, as it applies during initial
in relation to any of the first five financial years: period.
Provided that for the purposes of the application of that article
in relation to that period that article shall have effect as if the refer-
ence to nine million one hundred and twenty thousand dollars were a
reference to such proportion of that sum as that period is of a com-
plete year.
110. Until such time as two judges of the Federal Supreme Court Chief Justice
in addition to the Chief Justice of the Federation have been appointed alone may
and have assumed the functions of their office rules of court may be make rules
made under article 85 of this Constitution by the Chief Justice of the ofcourt.
Federation alone.
111. Until such time as a public seal has been provided for the Stamp to be
Federation and the Governor-General has directed that that seal shall used as
be used, any reference in this Constitution to the public seal shall be public seal.
construed as a reference to such stamp or other mark as may be
approved by the Governor-General for use as the public seal of the
Federation.

CHAPTER IX
MISCELLANEOUS
Governor- 112.-(1) The Governor-General may, in Her Majesty's name and on
General's
power of Her Majesty's behalf-
pardon, etc. (a) grant to any person concerned in or convicted of an offence against
any law of the Federal Legislature a pardon, either free or subject
to lawful conditions;
(b) grant to any person a respite, either indefinite or for a specified
period, of the execution of any sentence passed on that person for
such offence;
(c) substitute a less severe form of punishment for that imposed by
any sentence for such an offence; or
(d) remit the whole or any part of any sentence passed for such an
offence or of any penalty or forfeiture otherwise due under any
such law to Her Majesty.
(2) Any power of the Governor of a Territory to grant any pardon,
respite, reprieve, commutation or remission shall not extend to any
offence or alleged offence against a law of the Federal Legislature.
(3) In the exercise of the powers conferred upon him by paragraph (1)
of this article the Governor-General shall act in his discretion after
consultation with such Minister as he may determine.

Penalty for 113.-(1) Any person who sits or votes in either chamber of the
sitting or Federal Legislature knowing or having reasonable ground for knowing
Legislature that he is not entitled to do so shall be liable to a penalty not exceeding
when ninety-six dollars for each day on which he so sits or votes.
unqualified. (2) Any such penalty shall be recoverable by civil action in the
Federal Supreme Court at the suit of the Attorney-General of the
Federation.
Salary of 114. If there shall be established an office of Auditor-General for the
Auditor- Federation, there shall be charged on the revenues of the Federation
General. and paid thereout to any holder of that office such salary and allowances
as the Federal Legislature may by law prescribe:
Provided that the salary of any holder of that office shall not be
reduced during his continuance in office.
Attorney- 115. The Attorney-General of the Federation, the Solicitor-General
General and of the Federation and any member of the Department of the Attorney-
ertain other General of the Federation who is a barrister and has a right of audience
have right in the Federal Supreme Court, shall have a right of audience in all
of audience courts within the Federation.
in courts.
Interpreta- 116.-(1) In this Constitution, unless it is otherwise expressly provided
tion. or required by the context-
"Concurrent Legislative List" means the list of matters contained
in Part II of the Third Schedule to this Constitution ;
"Exclusive Legislative List" means the list of matters contained
in Part I of the Third Schedule to this Constitution;
"Executive Council" means, in relation to any Territory, the
Governor's principal executive advisory body, by whatever name
called, and in relation to Jamaica includes the Privy Council:

"the Gazette" means the official Gazette of the Federation;
"the Governor-General" means the Governor-General and
Commander-in-Chief of the Federation;
law" in relation to any legislature includes any instrument having
the force of law made in exercise of a power conferred by a law of
that legislature;
"public officer of the Federation" means the holder of any office
in the public service of the Federation, including any person appointed
to act in any such office;
the public seal" means the public seal of the Federation;
"the public service of the Federation" means the service of the
Crown in a civil capacity in respect of the government of the
Federation but does not include service as a member of the Council
of State or as a member of any board, panel, committee or other
similar body (whether incorporated or not) established by a law of
the Federal Legislature;
"session means, in relation to a chamber of the Federal Legisla-
ture, the sittings of that chamber commencing when it first meets
after this Constitution comes into force or after the prorogation or
dissolution of that Legislature at any time and terminating when
that Legislature is prorogued or is dissolved without having been
prorogued.
sitting" means, in relation to a chamber of the Federal Legisla-
ture, a period during which that chamber is sitting continuously
without adjournment and includes any period during which the
chamber is in committee;
Territory means any of the following territories, that is to say-
(a) the Colony of Jamaica, including its dependencies but not
including the Cayman Islands and the Turks and Caicos Islands;
(b) each of the other Colonies referred to in paragraph (1) of article
1 of this Constitution, including its dependencies, if any;
(c) the Cayman Islands; and
(d) the Turks and Caicos Islands:
Provided that-
(i) any reference in Chapter II and in article 93 and article 98 of
this Constitution to a Territory (not being a reference to the
Legislature or Executive Council of a Territory) does not
include a reference to the Cayman Islands or the Turks and
Caicos Islands; and
(ii) any reference to the Legislature of a Territory includes, in
relation to the Cayman Islands or the Turks and Caicos
Islands, as the case may be, a reference to the Legislature of
Jamaica as well as to the Legislature of those Islands; and
(iii) for the .purposes of paragraph 16 of the Exclusive Legislative
List the Cayman Islands and the Turks and Caicos Islands
shall be regarded as part of the Colony of Jamaica.
(2) (a) References in this Constitution to a superior court of a
Territory are references to any court that is or forms part of a superior
court of record (other than the court established by the West Indian
Court of Appeal Act, 1919(k)) established for a Territory and include
(k) 9 & 10 Geo. 5. c. 47.

in relation to the Cayman Islands and the Turks and Caicos Islands
references, respectively, to the Grand Court of the Cayman Islands and
the Supreme Court of the Turks and Caicos Islands.
(b) Each of the following courts, that is to say the Supreme Court
of the Windward Islands and Leeward Islands and the Court of Appeal
for the Windward Islands and Leeward Islands, shall in respect of
its jurisdiction in any Territory within the Windward Islands or the
Leeward Islands be deemed for the purposes of this Constitution to
be a superior court of that Territory.
(3) In this Constitution, unless. it is otherwise provided or required
by the context-
(a) any reference to Her Majesty's dominions shall be construed as
including a reference to all territories under Her Majesty's protec-
tion or in which Her Majesty has for the time being jurisdiction;
(b) any reference to the holder of an office by the term designating
his office shall be construed as including a reference to any person
who, under and to the extent of any authority to act therein, is
for the time being performing the functions of that office.
(4) In this Constitution references to dollars and cents are references
to currency of those respective denominations issued under any law in
force in the Federation.
(5) For the purposes of this Constitution, the resignation of a member
of any body or holder of any office established by this Constitution
that is required to be addressed to any person shall be deemed to have
effect from the time at which it is received by that person:
Provided that in the case of a resignation that is required to be
addressed to the President of the Senate or Speaker of the House of
Representatives the resignation shall, if the office of President or
Speaker is vacant or the President or Speaker is absent from the seat
of the Federal Government, be deemed to have effect from the time
at which it is received by the Vice-President or Deputy Speaker, as the
case may be, on behalf of the President or Speaker.
(6) For the purposes of Chapter II of this Constitution, a person shall
not be deemed to hold a paid office in the service or appointment of
the Crown by reason of-
(a) being in receipt of any remuneration or allowances as a Minister
of the Federal Government, as a Minister or Parliamentary Secretary
of the Government of any Territory or as a member of the
Federal Legislature or of the Legislature or Executive Council
of any Territory ;
(b) being in receipt of a pension or other like allowance from the
Crown;
(c) being an officer of Her Majesty's armed forces on retired or half
pay;
(d) being an officer or member of any of the defence forces of the
Federation whose services as such are not wholly employed by the
Federation. or any Territory;
(e) holding any office in the service or appointment of the Crown or
performing any functions on behalf of the Crown, being an office
or functions in respect of which he receives payment by way only
of travelling or subsistence allowances or a refund of out-of-pocket
expenses; or

(f) holding any other office that is declared by any law of the Federal
Legislature to be deemed not to be a paid office in the service or
appointment of the Crown for the purposes of Chapter II of this
Constitution.
(7) (a) Where the holder of the office of Governor-General, Chief
Justice of the Federation or Federal Justice or of any office in the
public service of the Federation constituted by or under this Constitu-
tion is on leave of absence pending relinquishment of that office, the
person or authority having power to make appointments to that office
may appoint another person to that office.
(b) Where two or more persons are holding the same office by reason
of an appointment made pursuant to sub-paragraph (a) of this para-
graph, then-
(i) for the purposes of any function conferred upon the holder of that
office, and
(ii) in the case of the offices of Governor-General, Chief Justice
of the Federation and Federal Justice, for the purposes of articles 3,
76 and 77 of this Constitution,
the person last appointed to the office shall be deemed to be the sole
holder of the office.
(8) The offices referred to in paragraph (2) of article 5 of this Con-
stitution shall, for the purposes of this Constitution, be paid offices in
the public service of the Federation.
(9) Where any power is conferred by this Constitution to make any
proclamation, order, rules or regulations or to give any directions, the
power shall be construed as including a power exercisable in like manner
to amend or revoke any such proclamation, order, rules, regulations or
directions.
(10) Any function that is conferred by this Constitution on the
Governor of a Territory shall be performed by him as if it were a
function in the performance of which he was required by the Constitution
of that Territory to consult the Executive Council of that Territory.
(11) Except in paragraph (c) of article 10, article 25, paragraph (1)
of article 32, article 41 and sub-paragraph (a) of paragraph (6) of this
article, references in this Constitution to a member or members of the
House of Representatives do not include references to a person who,
under paragraph (2) of article 15 of this Constitution, is a member of
that House by virtue of holding the office of Speaker.
(12) For the avoidance of doubts it is hereby declared that any person
who has vacated his seat in any body, or has vacated any office,
established by this Constitution may, if qualified, again be appointed
or elected as a member of that body or to that office, as the case may
be, from time to time.
(13) Any reference in this Constitution to the date on which this
Constitution comes into force shall be construed as a reference to the
date appointed under subsection (2) of section 1 of the Order in
Council to which this Constitution is annexed.
(14) Subject to the provisions of this article and save where the
context otherwise requires, the Interpretation Act, 1889, shall apply
for the purpose of interpreting this Constitution as it applies for the
purpose of interpreting an Act of Parliament.

Amendment 117.-(1) Her Majesty in Council may by Qrder amend or revoke
of Constitu- any of the provisions of this Constitution including this article and
tion. may by such an Order amend this Constitution for the purpose of
including within the Federation other colonies (with their dependencies,
if any).
(2) No draft of an Order proposed to be made under paragraph (1)
of this article that-
(a) reduces the number of seats in the House of Representatives to
be held by members of the House of Representatives elected in any
Territory, or
(b) reduces the proportion of the total number of seats in the Senate
or the House of Representatives to be held by Senators appointed
for, or members of the House of Representatives elected in, any
Territory,
shall be submitted to Her Majesty in Council unless the legislative
chamber of that Territory, or, in the case of a Territory having two
legislative chambers, each of those chambers, has by resolution signified
that such reduction is acceptable to that chamber:
Provided that the foregoing provisions of this paragraph shall not
apply in relation to any provision made under paragraph (1) of this
article for creating, in connection with the accession to the Federation
of the Colony of British Guiana or the Colony of British Honduras,
additional seats in the Senate or the House of Representatives to be
held by Senators appointed for, or members of the House of Repre-
sentatives elected in, the Colony of British Guiana or the Colony of
British Honduras, as the case may be.
(3) For the purposes of paragraph (2) of this article the alternate
member for Montserrat shall not be regarded as holding a seat in the
House of Representatives, but no draft of an Order proposed to be
made under paragraph (1) of this article that revokes or amends the
provisions of article 16 of this Constitution shall be submitted to Her
Majesty in Council unless the legislative chamber of Montserrat has
by resolution signified that such revocation or amendment is accept-
able to that chamber.
(4) No draft of. an Order proposed to be made under paragraph (1.)
of this article that amends any of the provisions of this article shall
be submitted to Her Majesty in Council unless the legislative chamber
of each Territory or, in the case of a Territory having two legislative
chambers, each of those chambers, has by resolution signified that the
alteration effected by the amendment is acceptable to it.

Review of 118. Not later than the fifth anniversary of the date on which this
Constitution. Constitution comes into force there shall be convened a conference
consisting of delegates from the Federation, from each of the Colonies
referred to in paragraph (1) of article 1 of this Constitution and from
the United Kingdom, chosen by their respective Governments, for the
purpose of reviewing this Constitution; and that conference shall,
among other things, review, in the light of progress made towards
establishing a customs union within the Federation and other relevant
factors, the powers conferred by this Constitution on the Federal
Legislature to make provision for the levying of taxes on income and
profits.

THE FIRST SCHEDULE (Artiicles 2 (3), 25,
67 and 78)
FORMS OF OATHS AND AFFIRMATIONS
1. Oath of Allegiance
I........................................................ do swear that I will be faithful
and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs
and Successors, according to law. So help me God.

2. Affirmation of Allegiance
I....................................................do solemnly and sincerely affirm and
declare that I will be faithful to Her Majesty Queen Elizabeth the Second, Her
Heirs and Successors, according to law.
3. Oath for due execution of office
I................................. ................ do swear that I will well and truly
serve Her Majesty Queen Elizabeth the Second in the office of (here insert the
description of the office So help me God.
4. Affirmation for due execution of office
I.....................................................do solemnly and sincerely affirm and
declare that I will well and truly serve Her Majesty Queen Elizabeth the Second
in the office of (here insert the description of the office .

THE THIRD SCHEDULE (Article 116 (1))
PART I. THE EXCLUSIVE LEGISLATIVE LIST
1. Audit of accounts of the Federal Government.
2. Borrowing of monies for the purposes of the Federal Government.
3. Defence.
4. The provision by the Federation of financial, advisory or other assistance to
any Government, person or authority in relation to any matter.
5. The establishment, maintenance and regulation of Federal agencies and
institutions for research, investigation or the promotion of special studies in
relation to any matter.
6. Exchange control.
7. Federal libraries, museums and similar institutions, that is to say:--
(a) any libraries, museums and similar institutions established by the Federal
Government; and
(b) any other libraries, museums and similar institutions in any Territory which
the Governor of that Territory, with the consent of the Governor-General,
designates as Federal libraries, museums and institutions by order published
in the official Gazette of that Territory.
8. Immigration into, and emigration and deportation from, the Federation.
63

9 Income tax on emoluments and allowances (including pensions, gratuities
and other like allowances) paid from the public funds of the Federation to the
President, Vice-President or a member of the Senate, or the Speaker, Deputy
Speaker or a member of the House of Representatives or to persons who are
or have been in the service of the Crown in respect of the government of the
Federation, which service, for the purposes of this paragraph, shall be deemed to
include service as a judge of any Federal court or as a member of the Council of
State.
10. Legal proceedings between the Federation and a Territory or between
Territories (subject to article 80 of this Constitution).
11. Legal proceedings by or against the Federation other than proceedings
against or by a Territory.
12. Public relations of the Federation.
13. The public service of the Federation (subject to Chapter VII of this
Constitution and any regulations made under that Chapter).
14. Pensions and gratuities payable out of the public funds of the Federation.
15. The reference to and determination by the Federal Supreme Court of any
such question as is mentioned in article 42 of this Constitution.
16. The service and execution in any Territory of the civil and criminal
processes, judgments, decrees, orders and decisions of the courts of any other
Territory and the attendance of persons from any Territory at the courts of any
other Territory.
17. The University College of the West Indies.
18. The matters with respect to which the Federal Legislature is empowered
to make laws by any of the following provisions of this Constitution, that is to
say sub-paragraph (c) of paragraph (1) of article 17, article 18, paragraph (h)
of article 21, articles 41, 83, 85, 86, 87, 88 and 90, and sub-paragraph (f) of
paragraph (6) of article. 116.

PART II. THE CONCURRENT LEGISLATIVE LIST
1. The acquisition of property of any Territory, person or authority for any
purpose of the Federal Government.
2. Civil aviation and ancillary services including ancillary transport services
and safety of aircraft.
3. Aliens.
4. Arbitration.
5. Astronomy and Meteorology.
6. Audit of public accounts other than accounts of the Federal Government.
7. Banks (including savings banks) and banking.
8. Bankruptcy and insolvency.
9. Bills of exchange and promissory notes.
10. Borrowing of monies for the purposes of the Government of any Territory.
11. Census.
12. Companies, that is to say general provision as to the incorporation, regula-
tion and winding-up of bodies corporate, other than bodies incorporated directly
by a law of the Federal Legislature or of the Legislature of any Territory.
13. Conciliation and arbitration in relation to industrial disputes.
14. Control of the movement of persons between Territories (subject to articles
49, 50 and 51 of this Constitution).

15. Copyright, patents, trade marks, designs and merchandise marks.
16. Criminal law and procedure.
17. Currency, coinage and legal tender.
18. Customs and excise duties (subject to articles 94 and 95 of this Constitution).
19. Development of industries.
20. Evidence and the recognition of laws, of public acts and records, and of
judicial proceedings.
21. Fishing beyond the territorial waters of the Federation by vessels registered
or licensed in the Federation.
22. Insurance other than insurance undertaken by the Government of any
Territory but including insurance undertaken by the Government of any Territory
that extends beyond the limits of that Territory.
23. Marriage and divorce, and custody and guardianship of infants:
Provided that no provision of any law of the Federal Legislature with respect
to these matters shall have effect in any Territory unless and until the legislative
chamber or, in the case of a Territory having two legislative chambers, each
of the legislative .chambers of that Territory has resolved that the law shall so
have effect.
24. Matters ancillary to the naturalization or registration of persons as citizens
of the United Kingdom and Colonies.
25. Atomic Energy.
26. Oaths, affirmations and statutory declarations.
27. Postal services (subject to article 97 of this Constitution).
28. Prisons and other institutions for the treatment of, and methods of treating,
offenders against any law, whether or not that law is within the legislative
competence of the Federal Legislature or, as the case may be, of the Legislature
of the Territory.
29. Quarantine.
30. Shipping and navigation, including lighthouses, lightships, beacons, buoys
and other provisions for the safety of shipping.
31. Statistics.
32. Students services, that is to say the provision of financial and other
assistance for persons receiving university education or such education or training
as is referred to in paragraph 33 of this List.
33. Subject to paragraph 17 of the Exclusive Legislative List, professional,
technological and agricultural education, training and studies.
34. Surveys, investigations and research (except by a Federal agency or institu-
tion) in relation to any matter connected with the economic and social develop-
ment of the Federation.
35. Taxes on income and profits other than such taxes as are referred to in
paragraph 9 of the Exclusive Legislative List:
Provided that no law of the Federal Legislature enacted by virtue of this
paragraph shall make provision for the levying during the period of five years
beginning with the date when this Constitution comes into force of any such tax.
36. Telegraph and telephone communications between the Federation and
countries outside the Federation and between Territories; wireless, television
and similar forms of communication.
37. Trade and commerce with countries outside the Federation and between
Territories.
38. Trade unions.
39. Weights and measures.

THE FOURTH SCHEDULE
SCHEDULED COMMODITIES AND. RATES OF DUTY F
PURPOSES OF CHAPTER VI
Column I
Motor Spirit gasolenee and other light oils for similar uses)
including gasolene blending agents, but excluding aviation
spirit imported or taken out of bond for the sole use of
aircraft.
Cigarettes or tobacco for the manufacture of cigarettes ...
Beer (including ale, stout and porter) and other fermented
cereal beverages.
Rum ... ... ... ... ... ... ... ...

The Royal Instructions to the Governor-General and Com-
mander-in-Chief of The West Indies dated 20th August, 1957,
are published below for general information.

INSTRUCTIONS passed under the Royal Siga Manual and Signet to
the Governor-General and. Commander-in-Chief of the West Indies
Dated 20th August, 1957.
ELIZABETH, R.
INSTRUCnONS to Our Governor-General and Commander-in-Chief of
The West Indies or other person for the time being performing
the functions of that office.
Whereas by the Constitution of the West Indies (hereinafter referred
to as the Constitution ") it is provided that there shall be a Governor-
Ge, ,ral and Commander-in-Chief of the Federation thereby constituted
(hereinafter referred to as "the Federation ") who shall be appointed
by Us by Commission, under Our Sign Manual and Signet and hold
office during Our pleasure and who shall be Our representative in the
Federation:
And Whereas We are minded to issue Instructions for the guidance
.of the Governor-General and Commander-in-Chief or any other person
who may be appointed to perform the functions of that office:
Now, therefore, as from the date appointed under subsection (2) of
section 1 of the West Indies (Federation) Order in Council, 1957, We
do direct and enjoin and declare Our will and pleasure as follows:--
1.-(1) Every person who is appointed to the office of Governor- Publication
General and Commander-in-Chief under article 2, or who is appointed of
to perform the functions of that office under article 3, of the Con- commission
Institution, shall, before entering on the duties of that office, cause the an taking of
Commission by which he is appointed to be read and published in the
presence of the Chief Justice of the Federation or some other judge
of the Federal Supreme Court and, unless there is for the time being
no Council of State, of such members of that Council as can con-
veniently attend, and make before the said persons an oath or affirma-
tion of allegiance and an oath or affirmation for the due execution of
the office of Governor-General and Commander-in-Chief in accordance
with the provisions of the Constitution, which oaths or affirmations the
said Chief Justice or other judge is hereby required to administer.
(2) Until the Chief Justice of the Federation or some other judge
of the Federal Supreme Court has been appointed and has entered
upon the functions of his office, the reference in the foregoing para-
graph of this clause to the Chief Justice of the Federation or some
other judge of the Federal Supreme Court shall be construed as a
reference to the President of the Court established by the West Indian
Court of Appeal Act, 1919, or some other judge of that Court.
2.--1) During the period commencing with the date appointed under Governor-
subsection (2) of section 1 of the West Indies (Federation) Order in General to
Council, 1957, and ending when the House of Representatives first consult a
meets, the Governor-General shall, so far as is practicable, consult committee
the members of the Standing Committee of the Federation. or such of exercise of
them as may be available, regarding- certain
functions
during initial
68 period.

(a) the exercise of the powers conferred upon him by subsection (1)
and subsection (5) of section 2 of the West Indies (Federation)
Order in Council, 1957 ; and
(b) the exercise of his functions in any case in. which, if the period
aforesaid had ended, he would be required by the Constitution to
consult or obtain the advice of the Council of State or the Prime
Minister of the Federation:
Provided that-
(i) the Governor-General shall not be required to consult any of
the members of the said Committee in any case in which the
Governor-General considers that, if the period aforesaid had ended,
he would consult the Prime Minister instead of the Council of
State under paragraph (2) of article 60 of the Constitution; and
(ii) in appointing any Federal Justice the Governor-General shall
consult such member, if any, of the Standing Committee of the
Federation as the members of that Committee may appoint for
that purpose.
(2) In any case in which the Governor-General consults with the
members of the Standing Committee of the Federation or any of them
in pursuance of this clause halmay act otherwise than in accordance
with the advice of those members.
(3) In this clause references to the Standing Committee of the
Federation shall be construed as references to the body established in
pursuance of paragraph 52 of the Report by the Conference on British
Caribbean Federation held in London in February, 1956, and references
to the members thereof shall be construed as references to the members
thereof representing territories comprised in the Federation.
3. In the exercise of the powers conferred on him by paragraph (1)
of article 38 and paragraph (1) of article 64 of the Constitution the
Governor-General shall act as nearly as may be in accordance with the
constitutional conventions that apply to the exercise by Us of like
powers in the United Kingdom.

4. When any law has been enacted by the Federal Legislature the
Governor-General shall forthwith transmit to Us, through one of Our
Principal Secretaries of State, two copies of that law, duly authenticated
under the public seal of the Federation and by his own signature,
together with an explanation of the reasons and occasion for the enact-
ment of the law.
5. Except in circumstances in which he is not regarded as absent
from the Federation for the purposes of article 3 of the Constitution,
the Governor-General shall not leave the Federation without first obtain-
ing permission from Us through one of Our Principal Secretaries of
State.
6. These Instructions, so'far as may be, shall be deemed to be
addressed to, and shall be observed by, any deputy to the Governor-
General appointed under article 4 of the Constitution.
7. In these Instructions, unless the context otherwise requires-
"the Governor-General" means the Governor-General and Com-
mander-in-Chief of the Federation and includes any person for the
time being performing the functions of that office under article 3 of
the Constitution;

Exercise of
certain
powers in
accordance
with
constitutional
conventions
of United
Kingdom.
Governor-
General to
transmit
copies of
laws.

Governor-
General not
to leave the
Federation
without
permission.
Instructions
to be
observed by
deputy.
Inter-
pretation.

"the Federal Supreme Court the Council of State ", "the
House of Representatives" and "the Federal Legislature" mean
respectively the Federal Supreme Court, the Council of State, the
House of Representatives and the Federal Legislature established
under the Constitution.
Given at Our Court at Saint James's this twentieth day of August,
in the Sixth year of Our Reign.

Printed by the Trinidad Publishing Company Ltd.
By Authority

The West Indies (Federation) (Commencement) Order in
Council, 1957, is published below for general information.

CARIBBEAN AND NORTH ATLANTIC TERRITORIES
THE WEST INDIES (FEDERATION) (COMMENCEMENT)
ORDER IN COUNCIL, 1957.

AT THE COURT OF BUCKINGHAM PALACE

The 13th Day of December, 1957

Present

THE QUEEN'S MOST EXCELLENT MAJESTY
IN COUNCIL

Her Majesty, in pursuance of subsection (2) of section 1 of the
West Indies (Federation) Order in Council, 1957 (a), is pleased,
by and with the advice of Her Privy Council, to order, and it is
hereby ordered, as follows :-

1. The provisions of the Constitution of the West Indies that
are referred to in subsection (2) of section 1 of the West Indies
(Federation) Order in Council, 1957 (a), shall come into force on
the 3rd day of January, 1958.

2. This Order may be cited as the West Indies (Federation)
(Commencement) Order in Council, 1957.